JONAS OBODAI TORTO & ANOR v STANLEY ANYETEI NUNOO & ORS

JUDGMENT

BARIMA OPPONG, J.A.

INTRODUCTION

My Lords, this is an appeal against the decision of the High Court, General Jurisdiction11, Accra presided over by His Lordship Justice Richard Apietu dated 9th April, 2024.

PLAINTIFFS’ CLAIM

[1] By a Writ of Summons and attached Statement of Claim issued out of the Registry of the High Court Accra, the plaintiffs (herein referred to as appellants") commenced a suit on 27th November 2023 against the defendants (referred to in this appeal as respondents) for the following reliefs:

(a) A declaration that the 1st defendant is not a member and an Executive Council Member of the La Dadekotopon Youth Association.

(b) A declaration that the 2nd defendant is not a Secretary of the La Dadekotopon Youth Association.

(c) An order for the 3rd defendant to expunge the name (sic) of the 1st and 2nd defendants from the records of the Registrar of Companies as an Executive Council Member and Secretary (respectively) of the La Dadekotopon Youth Association.

(d) An order for the 1st defendant to account for all monies he has received from the running of the La Pleasure Beach in the name of the La Dadekotopon Youth Association.

(e) An order for the perpetual injunction restraining the 1st defendant from carrying himself as an Executive Council Member of the La Dadekotopon Youth Association, his agents, assigns, privies or anyone who claims title through him from trespassing and interfering with the management, peaceful use and enjoyment of the La Pleasure Beach.

(f) Costs including legal fees

[2] Subsequent to the service of the Writ Of Summons and the statement of claim on the respondents herein, they caused to be filed, a conditional appearance which was followed by an application for an order of the court below to dismiss the suit as same was, in their view frivolous, vexatious and an abuse of the court process.

[3] In their joint depositions, respondents herein affirmed that the question of their membership of the Association had been a matter which had already been determined and established by the High Court and the Court of Appeal. According to them, several searches conducted by the appellants herein through their own lawyers at the Registrar of Companies disclosed that the 1st and 2nd respondents were indeed members of the La Dadekotopon Youth Association

[4] 1st and 2nd respondents herein deposed further that they had defended the Association i