[2016]DLCA5462July 19, 2016Court of Appeal

NANA KWASI AKUOKO II AND ALDOUS KWAKU ADUSEI vs. SAMUEL BOAKYE MOHAMMED AND 3 OTHERS

AYEBI, JA 1. This is an interlocutory appeal against the ruling of a Kumasi High Court dated 30th July 2013. The issue in contention between the parties is about the operation of a rival Kumasi-Sekondi-Takoradi-Elebo Branch No.2 lorry station at Asafo-Kumasi by the 1st and 2nd defendants/respondents which the plaintiffs/appellants allege contravenes the National Constitution of the Ghana Private Road Transport Union (GPRTU) of the Trade Union Congress (TUC) of Ghana. 2. Thus in the substantive suit, the plaintiffs seek the following reliefs against the defendants: (a) A declaration that the 1st defendant remains a non-member of the plaintiff local branch and for that matter the GPRTU of TUC and cannot therefore apply lawfully to be issued with a charter, to operate a local station or branch station of the Union. (b) A declaration that the purported “charter” or licence allegedly issued to the 1st and 2nd defendants by the 3rd and 4th defendants in contravention of the Union’s...