[1990]DLHC747 • August 20, 1990 • High Court
GHANA BAR ASSOCIATION AND ANOTHER vs. WARD-BREW
The plaintiff-respondent, a member of the Ghana Bar Association, was disqualified by the defendant-applicant from contesting for the post of national secretary of the association due to alleged defective nomination papers and violation of association resolutions, including appearing before a public tribunal. The plaintiff challenged this disqualification in court, contending that the domestic remedies provided by the association were inadequate and ousted the jurisdiction of the courts, which he argued was contrary to public policy.
read moreJUDGMENT OF OMARI-SASU J. This is an interlocutory application on notice by the defendant-applicant (hereinafter referred to as the applicant) praying this court for an order to strike out the plaintiff-respondent’s writ of summons and statement of claim in the action herein as being vexatious and an abuse of the process of this court. The applicants contend that the plaintiff-respondent (hereinafter referred to as the respondent) is a member of the first applicant-association and as such a member, the respondent is bound by the provisions of the first applicant’s constitution and all regulations made thereunder. Further, it is said the basis for the respondent’s pending action is his alleged disqualification by the second applicant from contesting for the post of national secretary of the first applicant-association; but as the respondent and others filed defective papers and the respondent, like the others, was given a chance to rectify the defects and yet he failed to re...