PROGRESSIVE TRANSPORT OWNERS ASSOCIATION – GHANA (PROTOA), NATIONAL SECRETARIAT v. AKAGLO FRANCIS KUDJO & ANOTHER
2022
COURT OF APPEAL
GHANA
CORAM
- SOWAH, J. A. (PRESIDING)
- OPPONG, J. A.
- MENSAH-HOMIAH, J. A.
Areas of Law
- Civil Procedure
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
PROTOA, a nationwide association of transport owners, sued members of its Koforidua Peace Branch after internal disputes led to the interdiction of two officers, formation of an Interim Management Committee, and obstruction of a financial audit. While hearing PROTOA’s interlocutory injunction, a different High Court judge struck out the suit as a double action and abuse of process. On appeal, Justice Angelina Mensah-Homiah, writing for the Court of Appeal, held that the trial court violated audi alteram partem by raising and deciding abuse of process without hearing submissions, misapplied lis alibi pendens, and impermissibly revisited a coordinate judge’s earlier ruling rejecting abuse of process. Exercising rehearing powers, the Court reinstated the suit and granted an interlocutory injunction to protect the audit, recommended early trial, and awarded costs.
MENSAH-HOMIAH, JA:
INTRODUCTION
This appeal is by the plaintiff/appellant herein against the Ruling of the High Court, Koforidua, dated 16th December, 2021, by which the plaintiff’s action was struck out as being a “double action against the defendants, unnecessarily vexatious and a gross abuse of the court’s processes”. Quite strangely, the trial court reached this conclusion while determining an interlocutory injunction application pursuant to Order 25 rule 1 of the High Court (Civil Procedure) Rules 2004 (C.I. 47). Can this order be justified? This, and other closely related legal matters would be determined in the appeal before us.
The Ruling which is on appeal can be found at page 244 of the record of appeal (ROA). The plaintiff/appellant and defendants/respondents would be simply referred to as plaintiff and defendants, respectively.
THE ANTECEDENTS
The plaintiff is an association of transport owners with its headquarters in Accra. It has Regional and Branch offices scattered around the country. The defendants (except the 1st) are described as members of the Peace Branch of Plaintiff in the Eastern Region of Ghana.
As a result of Internal wranglings and alleged financial malfeasance at the Peace Branch, Plaintiff interdicted 1st and 2nd defendants. Following these directives, defendants constituted themselves into an Interim Management Committee (IMC) to oversee the affairs of the Peace Branch and allegedly interfered with the activities of the Regional Association. The 1st and 2nd Defendants are said to have locked up the doors to the Peace Branch offices which denied Plaintiff’s audit team access to the premises to discharge their lawful duties.
As a result of these events, Plaintiff sued Defendants at the High Court, Koforidua on 25th March 2021, seeking the following reliefs:
(a) A declaration that the Regional Interim Management Committee formed by Defendants on or about 26th November 2020 was unlawful, null and void.
(b) An order of perpetual injunction restraining the Defendants from holding out themselves as members of the Regional Interim Management Committee of the Eastern Region of Plaintiff.
(c) A declaration that 1st and 2nd Defendants are accountable to Plaintiff in their capacities as Peace Branch IMC Chairman and Peace Branch Treasurer, respectively.
Barely thirty minutes after filing the writ of summons, Plaintiff also filed a “Motion on Notice for Interlocutory Injunction” against the Defendants pursuant to Order 25 rule