GH - GABRIEL OCQUARE & ANOR VS RAZAK ARMAH & ORS

The Plaintiffs by an amended writ of summons and statement of claim instituted this action with the following reliefs endorsed on the writ;

a) An order from this Honourable court directed at the national Executive of the GPRTU of TUC to appoint a qualified auditor in accordance with Article 17 of the union constitution to audit all the finances of the 2nd defendant as contained in paragraph 12(b) of the statement of claim for the last 8 years that the 1st defendant and his Executive assumed office.

b) An order that the national executive of the union appoint an interim management committee to steer the affairs of the 2nd defendant pending the outcome of the audit and the eventual Branch election c) An order directed at the defendants to procure or produce membership cards for all members of the union who have applied for same and have paid the requisite fees.

d) Another order from this Honourable Court directed at the 1st and 2nd defendants to stop or cease the collection of GH¢4. 00 paid by members directly to the Branch and or/ its chairman as directed by the national secretarial of the union in its letters dated 11th and 18th of July 2013. The defendants filed a statement of defence and counterclaimed asfollows: i. A declaration that the plaintiffs are not members of the 2nd defendant.

An order directed at the plaintiffs to account for all monies collected on behalf of the 2nd defendant.

Perpetual injunction restraining the plaintiffs or anybody claiming authorities from them from collecting daily dues from members of the 2nd defendant.

On the 2/6/2014 the defendants filed a motion on notice to dismiss this suit.

The defendants contended that the 1st plaintiff Gabriel Ocquaye who was initially a member of the 2nd defendant has forfeited his membership.

Defendants argued that the Ghana Private Road Transport Union (GPRTU)is governed by its constitution dated 13/9/2011 and members are to adhere strictly to the provisions contained therein.

The 2nd defendant is a member branch of the said GPRTU, therefore the constitution of the GPRTU binds members of the said branch.

Article 3 of the said constitution is about jurisdiction and membership, Article 3(s) states; “Any member who absents himself /herself from 3 consecutive meetings without any tangible reason or permissions shall forfeit his or her membership“. The 1st plaintiff absented himself from 3 consecutive meeting and the 2nd defendant wrote to him forfeiting his membership.

Counsel for the