[2008]DLHC7520February 7, 2008High Court

EMMANUEL ADDO ADJEI AND 4 ORS. (PLAINTIFFS) vs. ALHAJI YAW MANU AND 11 ORS. (DEFENDANTS)

The plaintiffs, claiming to be the duly elected officers of the Ashanti Peugeot Branch of the Ghana Private Road Transport Union (GPRTU), applied for an interlocutory injunction to restrain the defendants from interfering with the running and management of the branch and from constituting any interim management committee pending the determination of the substantive suit. The 1st–7th defendants, described as national officers of the GPRTU, challenged the validity of the plaintiffs’ election on the grounds that it did not follow laid down procedure and was tainted by fraud. The 8th–12th defendants, who were regional officers, stated in their defence that after being mandated to investigate the allegations, they found no adverse matter against the plaintiffs and asked them to resume office. Portion of judgment: “It is the case of the Plaintiffs that they are the elected officers of the Ashanti Peugeot Branch of the GPRTU having been elected into office on 25/03/07 for a period of 4 years… The assertion that the plaintiffs are the lawful and rightful persons to run and manage the Ashanti Peugeot Branch by reason of their election into office is hotly contested by the 1st — 7th defendants claiming that the purported election did not follow the laid down procedure. Besides, they contend that the said election was perpetuated by fraud.”

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By a motion on notice filed in this case on 26/11/07 the plaintiff are seeking the order of the Court restraining the defendants, their agents, assigns, etc and those acting upon their instruction or direction from in any manner interfering with the runing and management of the Ashanti Peugeot Branch of the Ghana Private Road and Transport Union of TUC by the Plaintiffs herein, and in particular from forming any interim management committee or asking any person other than the Plaintiffs to run the affairs of the said branch pending the hearing and final determination of the present suit. It is the case of the Plaintiffs that they are the elected officers of the Ashanti Peugeot Branch of the GPRTU having been elected into office on 25/03/07 for a period of 4 years. Whereas the 1st — 7th Defendants are National Officers of the GPRTU, the 8th 12th defendants are the Ashanti Regional Officers of the said GPRTU. The assertion that the plaintiffs are the lawful and rightful persons to ru.....