[1975]DLCA11039 • July 28, 1975 • Court of Appeal
GHANA MUSLIMS REPRESENTATIVE COUNCIL AND OTHERS vs. SALIFU AND OTHERS
The Ghana Muslims Representative Council (GMRC), an unincorporated association, was embroiled in an internal dispute over rightful leadership and authority. The plaintiffs, officers and members of the national executive committee of the GMRC, claimed to be the lawful representatives and sought declarations against the defendants who purported to act as officers of the GMRC without authority. The defendants, including trustees incorporated under the Trustees Incorporation Act, contended that the plaintiffs lacked capacity to sue as the GMRC was not incorporated and challenged the plaintiffs' claims of authority and conduct.
read moreThe action out of which this appeal arises was instituted in the High Court, Accra, on 27 August 1974, by the filing of a writ entitled: “Between Ghana Muslims Representative Council, Accra First plaintiff —And— Alhaji Shardow Kudos Alhaji Mohammed Lamptey Dauda Otoo Issifu Koney Ibrahim Darpoh Second plaintiffs Dr. Mohammed Alhassan Abdul Wahab Balogun Alhaji Abudlai Williams v. 1. Alhaji Major Edward Braimah Salifu c/o New Times Corporation, Feo Oyo, Kaneshie/Accra. 2. Bashiru Kwaw-Swanzy, Accra 3. Mr. Sule Raji, Graphic Corporation, Accra. 4. Alhaji Abu Jaja, Osu, Ghana Commercial Bank 5. Major Awudu, Brigade Headquarters, Teshie. 6. Captain Mohammed Essah, Pay Office, Burma Camp. 7. Alhaji Ibrahim Amartey, Kaneshie Defendants 8. Mr. Muhammed Awal, Castle Road, Adabraka/Accra. 9. Alhaji Braimah Suka, Shell Company, High Street, Accra. Alhaji Isaka, Kotobabi. 10. Mohamoud Sally, Cow Lane, Accra. 11. Mr. M. B. Suka, Accra New Town.” The plaintiffs’ clai...