[1995]DLCA553 • June 22, 1995 • Court of Appeal
ESSILFIE AND ANOTHER vs. TETTEH AND OTHERS
The parties were members of the Ghana Private Road Transport Union (GPRTU). The plaintiffs/appellants and the first three defendants/respondents were executive members of the Assin Fosu branch, while the fourth defendant/respondent was the Central Regional Chairman of the GPRTU. The appellants alleged breaches of the GPRTU constitution, rules and by-laws, including failure to call branch meetings for seven months, failure to audit branch accounts since 1991, unlawful continuation in office after expiry of tenure, and the alleged disqualification of the first defendant from holding office because he was not a professional driver. They sought declaratory reliefs, orders for fresh elections and audit, and an injunction restraining the defendants from acting as branch executives. Portion of judgment: “The plaintiffs, contending that the first three defendants with the connivance of the fourth defendant are in breach of certain provisions of the GPRTU constitution, took the instant action claiming...” followed by reliefs (a)–(g); and paragraphs 4–10 of the statement of claim reproduced in the judgment.
read moreJUDGMENT OF ACQUAH JA. The parties in this suit are members of the Ghana Private Road Transport Union of the Trades Union Congress (hereinafter referred to as the GPRTU). The plaintiffs and the first three defendants are executive members of the Assin Fosu branch while the fourth defendant is the Central Regional Chairman of the GPRTU. The plaintiffs, contending that the first three defendants with the connivance of the fourth defendant are in breach of certain provisions of the GPRTU constitution, took the instant action claiming: (a). “A declaration that the defendants have breached the constitution, rules and bye-laws of the GPRTU of the TUC by failing to call local meetings of the Fosu branch union for seven months contrary to article 18 (IV) (a). (b). A declaration that the branch chairman has breached the said constitution, rules and bye-laws by failing to call for an audit of the union accounts since 1991 contrary to article 16 (IV). (c). A declaration that the .....