ADU KWASI v. G.P.R.T.U OF T.U.C., YAW WILLIAMS, FRANCIS SARFO, DOMINIC KOFI OFORI, ERNEST KUMI BROWN AND STEPHEN FUACHIE

Per the Writ of Summons filed on 30th January 2019, the Plaintiff claims against the

Defendants as follows:

a. A declaration that the proposed album for the Sefwi Wiawso Branch of GPRTU

of GTUC elections compiled in 2011 is void as it sins against the provisions of the

Constitution of the Union.

b. An order of injunction restraining defendants, their agents, privies, assigns and

hirelings from conducting any elections in the Sefwi Wiawso Branch of the

Union with the said register.

c. A declaration that 2nd-6th defendants’ occupation of the Union offices of the Sefwi

Wiawso Branch is unlawful.

d. An order compelling 2nd-6th Defendants to render accounts for the period of their

occupation of the offices of the Sefwi Wiawso Branch of the Union.

e. An order compelling 1st Defendant to supervise the conduct of fresh elections for

the Sefwi Wiawso Branch of the Union using the old register bearing photos of

members of the Branch within three months from the date of judgment.

f. Any other order that the Court may seem fit.

On 12th July 2023, the Parties herein filed Terms of Settlement.

The Terms of the Settlement are essentially as follows:

“Whereas this Honourable Court granted Francis Kwaw Cudjoe the

Regional Chairman of Western North Regional Secretariat of GPRTU of

TUC permission to mediate and have this suit settles amicably out of

Court.

And whereas the mediator met the parties and succeeded in having the

matter settled amicably, the following are the terms which the parties

agreed upon as terms of settlement.

1. That the bloated membership register of Sefwi Wiawso branch of the

GPRTU of TUC be screened.

2. That after the register has been successfully screened a date shall be set

for the conduct of Sefwi Wiawso GPRTU of TUC branch election for

various positions.

3. That the terms of settlement agreed upon by the parties be adopted by

the Honourable Court as consent judgment.”

The Court is required by law to promote reconciliation through Alternative Dispute

Resolution (ADR) means in appropriate cases.

Section 72 of the Courts Act, 1993 (Act 459) deals with promotion of reconciliation in

civil cases and provides as follows:

“(1) A Court with civil jurisdiction and its officers shall promote reconciliation,

encourage and facilitate the settlement of disputes in an amicable manner

between and among persons over whom the Court has jurisdiction.

(2) When a civil suit or proceeding is pending, a Court with jurisdiction