THE REPUBLIC v. ADU KWASI & ANOTHER EX PARTE: ISAAC ESSAU & 5 OTHERS
January 26, 2022
COURT OF APPEAL
GHANA
CORAM
- IRENE CHARITY LARBI (MRS.) JA (PRESIDING)
- GEORGINA MENSAH-DATSA (MRS.) JA
- YAW DARKO ASARE JA
Areas of Law
- Civil Procedure
- Evidence Law
January 26, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment, authored by Georgina Mensah-Datsa JA with Irene C. Larbi JA (Presiding) and Yaw Darko Asare JA concurring, arises from a dispute within the Ghana Private Road Transport Union (GPRTU), Sefwi Wiawso branch. Following disagreements, MUSEC formed an Interim Management Committee and scheduled elections. On 30 January 2019, the 1st Respondent (the last validly elected branch chairman) sued and obtained an injunction on 12 March 2019 restraining elections. The Appellants sought to commit the 1st and 2nd Respondents (the Municipal Chief Executive and MUSEC chair) for contempt, alleging willful disobedience. The High Court dismissed contempt but issued consequential orders directing the National Secretariat to take over, form an IMC, hold elections, report to the Court, and require a handover of keys. On appeal, the Court of Appeal held that contempt was not proven beyond reasonable doubt, dismissed the cross-appeal, and allowed the main appeal, setting aside the consequential orders as in excess of jurisdiction because the judge was functus officio after dismissing the contempt application.
GEORGINA MENSAH-DATSA (MRS.) J.A.
This matter involves an appeal and cross-appeal.
There is an appeal by the 1st Respondent/Appellant/Respondent (hereinafter Respondent) against the four (4) further orders made as part of the ruling of the High Court, Sefwi Wiawso dated 15th May, 2020.
There is also a cross-appeal by the Applicants/Respondents/Appellants (hereinafter Appellants) against the ruling/decision of the High Court, Sefwi Wiawso dated 15th May, 2020 which dismissed the application for contempt of court.
The grounds of appeal are as follows:
i. That the learned trial judge erred in law when after dismissing the application for contempt, he made consequential orders that effectively determined the substantive suit which was not before him.
ii. That the learned trial judge erred in law when he ordered the National Secretariat to immediately take over the day to day running of the Ghana Private Road Transport Union, Sefwi Wiawso Branch which has its offices at Dwinase.
iii. That the learned trial judge erred in law when he ordered that the National Secretariat shall form an Interim Management Committee (IMC) to run and organize election within 3 months after the inauguration of the IMC and ask for only 3 months extension, if it is not able to complete the election within the first three months in office.
iv. That the learned trial judge erred in law when he ordered that the IMC set up by the National Secretariat should present a written report of its stewardship to the High Court, Sefwi Wiawso and serve a copy on the Municipal Chief Executive of Sefwi Wiawso Municipal Assembly after it has conducted elections and handed over its duties to elected officers.
v. That the learned trial judge erred in law when he ordered the 1st Respondent who currently occupies the office of the Chairman of the Union to hand over the keys of all the offices of the Union at Dwinase within the Sefwi Wiawso Municipal Area to the Registrar of the High Court, Sefwi Wiawso on or before 4.00pm on the 15th day of May 2020.
The grounds of the cross-appeal are as follows:
i. The Ruling/Decision is against the weight of the affidavit evidence on record.
ii. Additional grounds of Appeal will be filed upon receipt of the record of the proceedings and ruling.
The Appellant seeks from this Court an order to set aside all the consequential orders contained in the ruling of 15th May, 2020.
In the cross-appeal, the relief sought is to reverse the Ruling/Decision of the Honour