JUDGMENT
OWUSU, J.A.
This is an appeal against the ruling of His Lordship Justice S.G. Baddoo, Justice of appeal (as he then was), sitting as an additional Justice of the Fast Track High Court, delivered on 6th September, 2001.
The Plaintiff/Respondent herein is a member and then chairman of the Association of Building and Civil Contractors of Ghana in the Central Region, while the Defendant was the National president of the said Association.
The plaintiff issued a writ of summons against the Defendant claiming the following reliefs:
(a) "A declaration that the Defendant has over stayed his term of office as the National President of the Association of Building and Civil Contractors and an order for his removal.”
(b) Appointment of an interim Management Committee."
(c) Appointment External Auditors to audit the accounts of the Association from January 15th 2000, to date."
(d) An order to restrain the Defendant from Exercising any power or performing any function as the National President of the said Association including without limitation the management and Control of the finances or accounts of the Association."
(e) An election of a National President to be held within a specified period under the auspices of National Electoral Commission."
The writ was accompanied by a statement of claim.
On 7/8/2001, the Defendant entered appearance but did not file a defence. On 8/9/2001, the plaintiff filed an application for summary Judgment under Order 14 rule 1 of the High Court Civil procedure Rules L.N. 140A as amended by L.I. 1127.
In the supporting affidavit the plaintiff averred that under the constitution of the Association, the National president and the cabinet appointed by him, constitute the steering Committee and they could hold office for a period of four (4) years from the date of the election of the National president.
Thus the Defendant having been elected National President on or about 15/1/96 his term of office expired on or about 14/1/2000.
On 16/8/2001, the Defendant filed a statement of Defence and an affidavit in opposition to the application for summary judgment.
On 22/8/2001, the Defendant filed a motion on notice to set aside the writ of summons and dismiss the suit under order 12 rule 24 of the Civil Procedure (High Court) Rules, L.N. 140A.
The Defendant averred in the affidavit in support of the motion that by failing to go to arbitration in contravention of Article 37 of the Constitution of the association, the plaintiff'
