GHANA NATIONAL ASSOCIATION OF GARAGES VS DAVID JOE LARTEY & ANOR
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE K. A. GYIMAH
Areas of Law
- Evidence Law
- Civil Procedure
- Property and Real Estate Law
- Contract Law
- Tort Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice K. A. Gyimah of the High Court allowed an appeal from the Amasaman Magistrate Court, which had granted comprehensive reliefs to an association against a member regarding land use in a light-industrial estate. The association acquired a 99-year lease from the Awulemona family of Ofankor and allocated plots to members subject to payment of dues and adherence to a constitution. The 1st defendant, allocated a plot in 2003, stopped paying dues and attending meetings from 2011; the association asserted that membership ceased automatically under Article 5C. The High Court held Article 5C must be read with Article 5F, requiring a formal expulsion procedure with notice and resolution, aligning with natural justice. Continuous billing and correspondence through 2015 estopped the association (Evidence Act s.26) from claiming membership ended in 2011. Characterizing the arrangement as a contractual licence, the court set aside the trespass finding (the 2nd defendant’s mast project was abandoned) and ultimately set aside the Magistrate Court’s judgment, awarding costs of GH¢2,500 to the 1st defendant.
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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