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ACCRA HEARTS OF OAK SPORTING CLUB v. GHANA FOOTBALL ASSOCIATION

1981

HIGH COURT

GHANA

CORAM

  • KORSAH J

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Sports Law

AI Generated Summary

After a Hearts of Oak–Dumas Boys league match at Accra Sports Stadium on 29 March 1981 ended in crowd unrest and property damage, the Ghana Football Association announced by press release that Accra Hearts of Oak would no longer play ‘home’ matches at the Stadium, and cautioned of severe punishment. Hearts, whose executive chairman Tommy Thompson had protested the referee’s handling, challenged the ban as imposed without a hearing and sought an interim injunction. Justice Korsah examined the Sports Decree (SMCD 54) and GFA bye-laws, noting s 9(1)’s Sunday stadium use for top clubs, s 21’s disciplinary committee and appeal, and s 9(2)’s authority to transfer venues if supporters are rowdy. Emphasizing audi alteram partem and the club’s proprietary interest in gate proceeds, the court held that the GFA must act judicially and that arbitration clauses cannot oust jurisdiction in natural justice matters. The court granted a limited interim injunction pending proper investigation.

JUDGMENT