APPIAH AND ANOTHER
V.
PROGRESSIVE TRANSPORT OWNERS ASSOCIATION( PROTOA)

(2012) JELR 65662 (CA)    
Court of Appeal  ·  CIVIL CASE NO: HI/15/2012 ·  27 Jul 2012 ·  Ghana
CORAM
JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA
Core Terms Beta
plaintiffs
counsel
defendant
plaintiff
old constitution
board of directors
new constitution
learned judge
trial judge
legal arguments
appointment of the board of directors
defendant association
final report
particulars of error of law
said letter
statement of claim
additional issue
additional issues
board of directors of protoa
constitutional basis
following reliefs
subject matter of this appeal
administrative investigation committee
appellate jurisdiction
argument counsel
ashanti regional
gravamen of the plaintiffs action
ground of appeal
honourable court
interlocutory appeal
irene c danquah ja
legal basis
legal effect
major decisions
national executive member of protoa
natural justice
old constitution of the association
plaintiffs cause of action
recovery of the monthly salaries of plaintiffs
ruling of the high court
sole ground of appeal
trial court
vrs grumah
wrongful suspension of plaintiffs

IRENE C DANQUAH JA

This is an interlocutory appeal arising out of the ruling of the High Court, Kumasi dated 23rd March 2010. In the said ruling the court held that;

“This Court holds the view that the alleged conduct which resulted in their dismissal (sic) should be covered by the Old Constitution and not the new one. At this stage any other pronouncement by the Court could pre-empt the outcome of the substantive suit so I refrained from making any suit adjourned to 16th March 2010 for hearing.”

The Defendant aggrieved by the said ruling filed an appeal against same seeking by way of relief to have the said ruling reversed so that the New Constitution will apply. There is only one ground of appeal which reads that;

“The learned judge erred in law in ruling that the Old Constitution of the Association rather than the new one should apply in this case.”

The particulars of error of law are;

a. That the fact of the alleged impropriety in the appointment of the Board of Directors of the Defenda…

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