GHANA NATIONAL ASSOCIATION OF GARAGES VS DAVID JOE LARTEY & ANOR
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE K. A. GYIMAH
Areas of Law
- Contract Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appeal arises from an action initiated by the plaintiff at the Amasaman Magistrate Court, which ruled in favor of the plaintiff. The plaintiff had leased land and allocated portions to its members, including the 1st defendant, who allegedly failed to fulfill his obligations under the association's constitution. The appellate court reviewed the procedures for expulsion and burden of proof, establishing that the plaintiff failed to appropriately terminate the 1st defendant's membership. The decision resulted in the expulsion order being overturned and the finding of trespass set aside.
Introduction This matter is an appeal from the judgment of His Worship Nana Asibey Osei sitting at the Amasaman Magistrate Court delivered on 23rd February 2016. The plaintiff/respondent (in this judgment referred to as the plaintiff) acquired a parcel of land from the Awulemona family of Ofankor for the use of its members.
The plaintiff was granted a 99 year lease of the land.
The plaintiff parcelled out the land to its members and each member paid an amount of money which was referred to as plot fund for the use of the land.
The land was to be used for light industrial purposes only.
The 1st defendant/appellant (in this judgment referred to as 1st defendant), as a member of the association was allocated his portion of the land in 2003. The plaintiff asserts that the 1st defendant’s land was ¼ plot but the 1st defendant asserts that it was ½ plot.
It is the plaintiff’s case that one of the privileges of being a member of the association is the member’s entitlement to part of the land for his business purposes and a person loses that privilege if he ceases to be a member of the association.
Plaintiff’s Case It is the plaintiff’s case that the association is governed by a constitution and bye-laws.
Per the terms of the constitution every member is obliged to pay dues and attend meetings of the association amongst others.
It is the plaintiff’s case that the 1st defendant has engaged in activities which are unbecoming of a member of the association.
He has failed to pay dues from 2011 despite repeated demand notices sent to him; he has refused to attend meetings of the association over the said period; he has also taken over a portion of a plot belonging to a member of the association and has brought in the 2nd defendant to install a mast on the said portion he has trespassed on.
As a result of these actions of the 1st defendant, the plaintiff instituted an action at the Amasaman Magistrate Court against the defendants claiming the following reliefs: i. An order for perpetual injunction restraining the defendants, their agents, servants, workmen and privies from trespassing onto plaintiff’s land.
An order that 1st defendant vacates plaintiff’s land as he is no longer a member of plaintiff association.
General damages iv.
Cost. v. Any other order(s) as this honourable court may see fit.
After having gone through a full trial, the trial magistrate entered judgment for the plaintiff on all the reliefs endorsed on the writ of summons.
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