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JUDGMENT
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