CONCERNED TRANSPORT OPERATORS UNION vs. P & C TRANSPORT SERVICE AND INTER STATE TRANSPORT SERVICE

HONYENUGA, J.A. This in an appeal by the defendants/appellants against the ruling of the High Court, Tarkwa dated the 28th July, 2011. The said court dismissed an application for amendment. The facts of this appeal is that the parties are all transport operators. The plaintiff/respondent applied for and was granted a licence to operate and manage transport services by the then Wassa West District Assembly which later became a Municipal Assembly. The defendants/appellants without the consent and authority of the plaintiff/respondent entered the lorry station and operated transport services. Dissatisfied with the conduct of the defendants/appellants, the plaintiff/respondent caused a writ of summons which was accompanied by a statement of claim to be issued against the defendants/appellants claiming the following reliefs:- “a. A declaration that defendant entry and occupation of the lorry part at old Mobil filling station, Tarkwa is illegal and unlawful. b. General Damages .....