ALBERT KWASI ZIGAR v. NATIONAL DEMOCRATIC CONGRESS (NDC) & FIIFI FIAVI KWETEY
2016
HIGH COURT
GHANA
CORAM
- KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Constitutional Law
- Alternative dispute resolution
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff filed a suit alleging unlawful disqualification from the Ketu South Constituency primaries. The Defendants moved to dismiss, claiming the Plaintiff lacked capacity and the suit did not disclose a reasonable cause of action. The court held that the Plaintiff has the capacity to sue, exhausted all internal conflict resolution mechanisms, and the action disclosed a reasonable cause of action. Consequently, the court dismissed the motion to strike out the pleadings and instructed the Defendants to file their witness statements to proceed with the trial.
RULING
MOTION TO DISMISS SUIT FOR LACK OF CAPACITY & DISCLOSING NO REASONABLE CAUSE OF ACTION
Introduction:
[1] This is a most unfortunate and regrettable internal political dispute which has culminated in the issuance of a writ of summons and the argument of the instant application before this Court. A political family is being torn apart over alleged issues of discrimination and unfair treatment. The Defendants/Applicants herein are praying that the Plaintiffs’ pleadings be struck out and the Writ of Summons and Statement of Claim be set aside under the rules of Court and the inherent jurisdiction of the court on grounds of lack of capacity and in the alternative for disclosing no reasonable cause of action.
Background:
[2] It recalls that on the 13th day of January, 2016 the Plaintiff commenced this instant action by issuing a writ of summons against the Defendants herein endorsed with the reliefs set out here below:
a. A Declaration that his disqualification from contesting the parliamentary primaries of the Ketu South Constituency of the 1st Defendant party, was unlawful, null and void and of no effect whatsoever.
b. An order to set aside his said disqualification as being unlawful.
c. A further declaration that the holding of the said parliamentary primaries without the Plaintiff’s involvement, having been unlawfully disqualified, is equally unlawful, null and void.
d. An order of injunction to issue to restrain the 1st Defendant either by itself, its servants, agents, workmen howsoever or otherwise from proceeding to put up the candidate who won the unlawful parliamentary primaries in the Ketu South Constituency as its candidate to contest the 2016 general elections.
e. A further order that the Plaintiff’s said disqualification be wholly set aside and a re-run of the parliamentary primaries be conducted to include the Plaintiff as a contestant.
f. An order of perpetual injunction restraining the 2nd Defendant from holding himself out as the 1st Defendant’s Parliamentary Candidate for the Ketu South Constituency in the General Elections.
g. Any further or other orders as to this Honourable Court may seem fit.
[3] Accompanying the Writ was a 23-paragraph Statement of Claim. The Defendants entered Appearance on February 19, 2016 and filed a defence on March 18, 2016. The Plaintiff filed a 28 paragraph reply to the defence.
[4] At the close of the pleadings ten (10) issues where formulated by Counsel for the Plaintiff whereas Couns