Ratio DecidendiRatio DecidendiRatio Decidendi



DAVE AGBENU & ANOR.
V.
OTENG ASAMOAH & 5 ORS.

(2009) JELR 63538 (HC)    
High Court  ·  SUIT NO: INDL/12/09 ·  2 Jun 2009 ·  Ghana
CORAM
JUSTICE KWABENA ASUMAN-ADU

Ratio Decidendi

Core Terms Beta
order of the court
behalf of the national executive council of the industrial
honourable court
national executive counsel of the industrial
accompanying affidavit
said resolution
respondents
interim management committee
preliminary issue
show of utmost disrespect
said application
order of injunction restraining
mandate of the national executive council of the industrial
commercial workers union
said conference
fast track high court’s order
part of the acts of contempt
conduct of the respondents
took place
grant of an order of interlocutory injunction
applicants
counsel
exhibit sk1
application
final determination of this action
reasonable doubt
dignity of the court
suit no. ahr
preliminary legal objection
final determination of this suit
defendants
authority of the administration of justice
ex-parte ameyaw ii
main issue
contempt
legal effect
re effiduase stool affairs no.
fast track high court
national officers of industrial
substantive issue
knowledge of the pending application
following reliefs
show of defiance


RULING

KWABENA ASUMAN-ADU, J

The plaintiffs/applicants issued a writ of summons on 4th December, 2008 jointly and severally against the defendants/respondents for the following reliefs:

i) A declaration that the Resolution dated 2nd August 2007 signed by the 1st and 2nd Defendants purported to have been passed by and issued for and on behalf of the National Executive Council of the Industrial and Commercial Workers Union (ICU) Ghana is false, fraudulent and in flagrant breach of the Constitution of the ICU.

ii) A declaration that the formation and appointment of the 6th Defendant, The Interim Management Committee by the 1st and 5th Defendants on the basis of the fraudulent resolution dated 2nd August 2007 without the mandate of the National Executive Council of the Industrial and Commercial Workers Union (ICU) Ghana is illegal, unconstitutional and in violation of the Constitution of the ICU.

iii) An order of the court to annul and to strike out as unlawful the said Resolution and the Int…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login