Evans Kwaku Ayertey & ORS v. Samuel Kwadwo Addo & ORS

SOWAH, (J. A):

Background to case This is a dispute between two factions of the GPRTU.

Prior to the institution of the action that has culminated in this appeal, a protracted dispute in respect of the rendering of accounts by the executives of the Koforidua-Akropong-Larteh branch caused the 1st and 2nd plaintiffs/appellants herein and 3 others to sue at the Koforidua High Court for an order of accounts and an injunction to restrain the 2nd defendant in that suit from organizing an election in the branch until the 1st defendant had rendered accounts. [The defendants in that suit are the same defendants/respondents herein]. Bentil J delivered judgment in that suit on 23rd June 2005 in favour of the defendants.

In his conclusion, Bentil J noted that the plaintiff's had been advised by the TUC to pay their dues to the Regional Secretariat pending resolution of the problems at the branch.

It was the judge’s view that as long as the plaintiff’s complied with this advice they had capacity to institute the action.

He went on further to say that “Those who did not make the payment to the Regional Secretariat are to re-apply to the Branch Union to be re-admitted as members”. See the judgment at pages 86-94 of the record of appeal.

Dissatisfied with the judgment, the plaintiff's appealed to the Court of Appeal which allowed the appeal, set aside the judgment of the court below and made fresh orders for audited accounts and a referee to be appointed who was to report to the court below and final orders made accordingly.

Pursuant to these directives by the Court of Appeal, the trial court on 8th July 2009 appointed an auditor to report on the audited accounts of the Branch from 1998 to June 2005. Thereafter on 17th October 2014 a Ruling was delivered by the court Coram Kosi Kaglo J in which judgment was entered for the 1st, 3rd, 4th and 5th plaintiffs’ against the defendants and the 2nd plaintiff (who the court suo motu joined as defendant) to refund certain monies.

The said Ruling is at pages 134 to 136 of the record of appeal.

Facts of present case The plaintiffs/appellants issued the writ herein on 2nd April 2015, claiming to be members of the GPRTU Koforidua-Akropong-Larteh branch, and suing in a representative capacity for other members of the Union.

They sought a declaration that the defendants having been found liable for mis-using Union funds[per Kaglo J’s judgment] were not eligible to stand in impending elections; an order directed at the defend