GHANA NATIONAL ASSOCIATION OF GARAGES AND OTHERS vs. JAMES DZIMASAH AND 15 OTHERS [2011]DLCA3152

GHANA NATIONAL ASSOCIATION OF GARAGES AND OTHERS vs. JAMES DZIMASAH AND 15 OTHER... [2011]DLCA3152

Date	2011-06-24
Suit No.	HI/47/2011
Citation No.	[2011]DLCA3152

JUSTICE MARIAMA OWUSU JA [PRESIDING]

JUSTICE FRANCIS G KORBIEH JA

JUSTICE IRENE C DANQUAH JA

[2011]DLCA3152
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													<main id="main" class="content" style="min-height: 60rem" >GHANA NATIONAL ASSOCIATION OF GARAGES AND OTHERS<o:p></o:p>vs.<o:p></o:p>JAMES DZIMASAH AND 15 OTHERS<o:p></o:p>[COURT
OF APPEAL, KUMASI]<o:p></o:p>HI/47/2011&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
24TH JUNE, 2011<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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COUNSEL:<o:p></o:p>

<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>JUSTICE MARIAMA OWUSU JA
[PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;border:none;
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</div>IRENE
C DANQUAH JA<o:p></o:p>This is an interlocutory
appeal filed against the ruling of the High Court, Kumasi dated 8th June
2010 whereby the Defendants/Appellants (Defendants) their agents, servants,
assigns and all claiming through them were restrained from interfering with the
Plaintiffs/Respondents legal rights as the constitutionally elected Executives
of the Ghana National Association of Garages until the expiration of their term
of office.<o:p></o:p>The 3rd, 4th
and 5th Plaintiffs/Respondents (plaintiffs) were elected as the
Ashanti Regional Executives of the 1st Plaintiff/Respondent
Association as the Chairman, Vice-Chairman and Treasurer respectively.&nbsp; They were elected into office in the year
2006 for a term of 4 years pending the enactment and promulgation of the
Constitution of the (Ghana National Association of Garages) Association to
govern the activities of the said Association.&nbsp;
The Association subsequently enacted and promulgated its National
Constitution on 15th November 2007 which contained transitional
provisions.<o:p></o:p>It is the case of the Plaintiffs
that whilst they were in office discharging their lawful duties and responsibilities
as expected of them, the Defendants unlawfully and forcibly constituted
themselves into an Interim Management Committee (IMC) of the Association and
have since March 2009 locked them out of the office.&nbsp; The Plaintiffs reported the illegal conduct
of the defendants to the National Secretariat of the Association which after
deliberations on the matter found against the Defendants and consequently
directed the Defendants to quit the office.&nbsp;
In a letter dated 14th August 2009, the National Executive
Committee of the Association wrote to Nana Tafohene of Kumasi to intervene in
the matter.&nbsp;&nbsp; In the said letter the
National Secretariat stated that the Defendants were not recognized by the
National body.&nbsp; <o:p></o:p>But despite the several
attempts to get the defendants out of the office they had continued to
unlawfully occupy same.&nbsp; The action of
the Defendants had impeded the smooth running of the Association and thereby
jeopardize its finances hence the issue of the writ of summons praying for the
following reliefs:<o:p></o:p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A
declaration that the Plaintiffs are the recognized executives of the Plaintiff
association.<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order for injunction restraining the Defendants, their agents, servants from
anyway interfering with the Plaintiffs Association.<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Cost.<o:p></o:p>d.&nbsp;&nbsp;&nbsp;&nbsp; Any
further order or orders as the court may deem fit. <o:p></o:p>The Defendants case as
contained in their Statement of Defence is that the Constitution that the Plaintiffs
alleged they were elected under for a 4 year term is not the duly recognized Constitution
of the Association as the alleged Constitution was never approved nor
promulgated; Instead, under the Constitution of the Association still in force,
the Plaintiffs term of office which was for a term of 2 years came to an end in
2008.&nbsp; <o:p></o:p>However, the Plaintiffs
instead of calling for fresh elections sought to perpetuate their stay in
office by smuggling in the alleged new Constitution that put their stay in
office at 4 years.&nbsp; The refusal of the plaintiffs
to call for fresh elections led to agitations among the rank and file of the
members of the Association which necessitated the Zonal Executives to form an
IMC to run the Association upon a call from the members.<o:p></o:p>The Plaintiffs filed a
Motion on Notice for an order of interim injunction accompanied by an affidavit
in support and a statement of case.&nbsp; The defendants
opposed the application and filed an affidavit to that effect accompanied by
exhibit DR1</main>