GEORGE AMUAH v. MR. J. M. AFRIYIE & OTHERS
2012
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, J.A. (PRESIDING)
- AYEBI, J.A.
- HONYENUGA, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Commercial Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal against the decision of the High Court, Accra, which dismissed both the appellant's claim and the respondents' counterclaim but ordered the appellant to hand over PTA funds to the respondents. The appellant argued that the funds belonged to the school and sought a declaration to that effect. The trial court's decision was appealed, as it did not address whether PTA funds are part of the school's funds and wrongly opted for a summary judgment without taking evidence on disputed facts. The Court of Appeal upheld the appeal, highlighting the necessity of a full trial to resolve disputed primary facts and remitted the case for a new trial before a different judge.
JUDGMENT
HONYENUGA, J.A.
This is an appeal by the plaintiff/appellant hereinafter referred to as the appellant against the decision of the High Court, Accra dated the 23rd day of April 2010. The said decision dismissed the appellant’s claim together with the counterclaim of the defendant/respondent but ordered the appellant to handover to the respondents any P.T.A. monies collected by him.
The facts of this appeal are that the appellant set up the Association International School from his own resources and was running the school until around 1981 when the Government of Ghana confiscated the school and placed it under the management of the Ghana Education Service (GES). However, in December 2008, the Ex-President of the Republic of Ghana deconfiscated the said school. Thereafter, a Deed of Transfer dated the 5th day of January, 2009 was executed in favour of the appellant. On the 14th day of September 2009, the school was formally handed over to the appellant and has since been under his management. The appellant called upon the respondents especially the 11th respondent to release the Parent Teacher Association (P.T.A.) funds to enable him run the school but to no avail. The appellant who believed that these funds belonged to the school and after persistent failure to release the said funds to him, caused the instant Writ of Summons to be issued against the respondents claiming as follows:-
“(i) A declaration that Association International School’s PTA’s accounts at SCB Opeibea House Branch and at any other bank in Ghana belongs to Association International School and can only be used for the benefit of the school.
(ii) An order against the defendants to release all the money in Association International School PTA bank accounts at SCB, Opeibea House branch and any other bank to the plaintiff to be used for the benefit of Association International School”.
The Writ of Summons was accompanied by a twenty-three paragraph Statement of claim. The respondents entered appearance thereto and filed a Statement of Defence and Counterclaimed as follows:-
“1. The payment of present day value of the extra assets provided by members of 11th defendant valued in 2002 as GH¢292,235.00.
2. Account and return all monies from the members of 11th defendant collected by the teachers of the school appropriated by the plaintiff”.
An application for directions was filed and the following were the issues:-
“(a) Whether or not the Parent Teacher Association (PTA) of Asso