JACK AWUAH AND 4 ORS vs. GHANA ROAD TRANSPORT UNION OF THE TRADE UNION CONGRESS, NATIONAL SECRETARIAT, ACCRA

RULING ON MOTION ON NOTICE TO STRIKE OUT WRIT OF SUMMONS AND STATEMENT OF CLAIM. The defendant/applicant in the instant application requests this Court to strike out the action of the plaintiffs/respondents on the sole ground that the applicant is not clothed with legal personality and therefore cannot sue and be sued by the respondents. The respondents have opposed this request, describing it as misconceived, unfounded and unwarranted. The respondents say that the applicant is a duly constituted union with a right to sue and be sued and as such the present application ought to be dismissed. In his oral submissions before the Court, counsel for the applicant said the name of the defendant on the face of the Writ of Summons and Statement of Claim is given as ‘Ghana Road Transport Union’ and that such an entity does not exist. He said the exhibits attached to the respondents’ supplementary affidavit in opposition are in relation to the Ghana Private Road Transport Union, an enti...