[2001]DLSC1271 • July 11, 2001 • Supreme Court •
TETTEH AND OTHERS vs. ESSILFIE AND ANOTHER
The parties are members of the Ghana Private Road Transport Union (GPRTU). The plaintiffs and defendants belong to the Assin Fosu branch, with defendants holding executive positions. The plaintiffs alleged breaches of the union's constitution by the defendants, including failure to call meetings, failure to audit accounts, expiration of executive term, and improper qualification of the chairman. Plaintiffs bypassed the union's internal dispute resolution procedures and filed suit directly in the High Court.
read moreJUDGEMENT Kpegah JSC. Delivered the judgment of the court. The instant appeal presents no complicated legal or factual issues for determination. The issues presented relate to one of law which, in our view, are well settled and, indeed, well treated by the Court of Appeal in its unanimous decision of 22 June 1995 in Essilfie v Tetteh [1995-96] 1 GLR 297, CA. The brief antecedents of this case are that all the parties are members of the Ghana Private Road Transport Union (GPRTU) of the Trades Union Congress. The plaintiffs together with the first, second and third defendants are all members of the Assin Fosu branch of the union with the said defendants being executive members of the local branch. The fourth defendant is the regional chairman of the Central Region branch of the GPRTU. By article 24 of the constitution of the union, members are to have recourse to, in the event of a dispute, certain domestic tribunals established under the constitution before, having recourse to,...