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

(2012) JELR 65662 (CA)

Court of Appeal 27 Jul 2012 Ghana
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- This is an interlocutory appeal arising from a ruling of the High Court. - The court held that the alleged conduct resulting in the dismissal should be covered by the old constitution, not the new one. - The defendant appealed, arguing th

Case Details

Suit Number:CIVIL CASE NO: HI/15/2012
Judges:JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA
Counsel:MR. ANTHONY NAMOON,EVELYN GAWU

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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