GH - MANZAH AND OTHERS v. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGMENT OF EDUSEI J.

This is an originating summons taken out by the plaintiffs for the determination of the following questions:

(a) Whether under paragraph 4 of the Co-operative Societies Decree, 1968 (N.L.C.D. 252). the Registrar of Co-operative Societies, Accra, and the Senior Co-operative Officer, Western Region, Takoradi, have power to impose on the plaintiffs the prerequisites and pre-conditions laid down in their letters Nos. PR. 1711/6 of 26 April 1971, and WR/UCSRS/6 of 24 March 1971, respectively.

(b) Whether the imposition of the said prerequisites and pre-conditions are not ultra vires.

(d) Whether the plaintiffs are not entitled to have their proposed society registered.

The facts leading to this application are briefly stated thus: the plaintiffs by their solicitor on 25 February 1971 sent an application to the Senior Co-operative Officer, Takoradi, for registration of their society as a co-operative society. The senior co-operative officer wrote back on 24 March 1971 setting out certain conditions or prerequisites which, in his view, were essential for the registration of the plaintiffs' society. His letter (exhibit B) reads as follows:

"Department of Co-operatives

P.O. Box 119,

Takoradi

24 March 1971.

Ref. No. WR/UCSRS/6

Dear Sir,

PROPOSED UNITY CO-OPERATIVE SPIRIT RETAILERS SOCIETY

I acknowledge receipt of your letter dated 25 February 1971 together with two copies of bye-laws and application for registration of the above-named society.

2. The application is being processed but meanwhile it has to be stressed that certain prerequisites are essential for registration of the society.

(a) There must be a group of at least ten persons who follow as a normal means of livelihood the occupation of distillation of akpeteshie.

(b) The persons must reside within or occupy lands within the area of operations as defined in the application.

(d) Members should subscribe shares in the society.

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(e) The society must keep proper accounts for inspection by this department.

3. If the conditions above are satisfied, an economic survey will be conducted to establish the potential viability of the society. If the society is found to be an economic unit, a recommendation will be made to the Registrar of Co-operative Societies for registration of the society