[1989]DLHC584 • July 4, 1989 • High Court
ESHUN AND ANOTHER vs. POKU AND OTHERS
The plaintiffs, members of the Ghana Hoteliers Association and its executive committee, challenged the validity of an annual general meeting (AGM) held on 20 May 1987, where the defendants were purportedly elected as national officers. The plaintiffs alleged the meeting was ultra vires, unlawful, and a fraud on the minority, contending that one defendant had resigned prior to the election and was thus ineligible, and that the election process violated the association's constitution and the Companies Code.
read moreJUDGMENT OF LUTTERODT J. The plaintiffs, who are members of the Ghana Hoteliers Association and of the executive committee thereof, have brought this action against the defendants for the following reliefs: “1. A declaration that the purported annual general meeting of the Ghana Hoteliers Association held at the Teachers Hall in Accra on 20 May 1987 whereby the said defendants were purportedly elected as national president, second vice-president, and national treasurer respectively, and other officers were elected is ultra vires, unlawful, null and void and constitutes a fraud on the minority and should be set aside. 2. That Mr. John Poku one of the defendants herein resigned from the association prior to the election and hence was not eligible to stand for elections. 3. That the resolution purported to be adopted thereat whereby elections were purported to have been conducted to replace the existing national executive were wrongful, unlawful, ultra vires and contrary to .....