ERIC HAYFORD MINKA v. THE GREATER ACCRA REGIONAL CHAIRMAN GPRTU OF TUC & ORS

DZAMEFE, JA

The plaintiff/appellant hereinafter referred to as the appellant on 29th June 2012 instituted this action in the High Court against the defendant/respondent referred to as the respondent for the following reliefs;-

1. A declaration that the suspension of the Local Executives of the Kaneshie-Mankesim-Ajumako-Assin Fosu Drivers’ Union was wrongful and or illegal.

2. A declaration that the appointment of 3rd defendants to manage the affairs of the Kaneshie-Mankesim-Ajumako Drivers’ Union is wrongful.

3. An order for the reinstatement of the duly elected Local Executives of the Kaneshie-Mankesim-Ajumako-Assin Fosu Drivers’ Union.

4. An order of perpetual injunction restraining 3rd defendants from holding themselves out as members of the Interim Executive Committee of the Kaneshie-Mankesim-Ajumako-Assin Fosu Drivers’ Union.

5. An order directed at 3rd defendant to render account for the period spanning their stewardship.

6. Costs occasioned by the instant suit including solicitor’s fees

FACTS

The facts of the case as narrated by the plaintiff/appellant in his statement of claim is that he is the duly elected chairman of the Kaneshie-Mankesim-Ajumako Driver’s Union of the Ghana Private Road Transport Union (GPRTU) of the Trade Union Congress (TUC). The 1st defendant/respondent is the Greater Accra Regional Chairman of the GPRTU, 2nd defendant/respondent the National Chairman of the GPRTU and 3rd defendant/respondents are those entrusted with the supervision, management and proper disbursement of Kaneshie-Mankesim-Ajumako GPRTU local union funds. Appellant avered in April 2008 the local union elected him and six others as the executives for the union with him as the chairman for a four year term. On the expiration of the four year term the local union by resolution retained them as the executives for a further four year term. Present at that meeting for the resolution were the Branch chairman and 1st Branch Trustee, who is charged with the responsibility to organize election for the local union under the GPRTU constitution. The retained executives were sworn into office for their second term on 18th April 2012.

A group not happy with the said resolution attacked the Kaneshie Local Union office, vandalised properties and prevented the executives from carrying out their duties. This act was reported to police who arrested some members of the group and arraigned them before court.

1st respondent aggrieved and dissatisfied with this devel