MANZAH AND OTHERS
V.
REGISTRAR OF CO-OPERATIVE SOCIETIES

(1971) JELR 64687 (HC)

High Court 30 Nov 1971 Ghana
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- The plaintiffs have filed an originating summons to determine whether the Registrar of Co-operative Societies and the Senior Co-operative Officer have the power to impose certain prerequisites and pre-conditions for the registration of th

Case Details

Judges:EDUSEI J.
Counsel:JAMES MERCER FOR THE PLAINTIFFS; S. G. BADDOO STATE ATTORNEY FOR THE DEFENDANT.
Other Citations:[1972] 2 GLR 103

EDUSEI J.: This is an originating summons taken out by the plaintiffs for the determination of the following questions:

(a) Whether under paragraph 4 of the Co-operative Societies Decree, 1968 (N.L.C.D. 252). the Registrar of Co-operative Societies, Accra, and the Senior Co-operative Officer, Western Region, Takoradi, have power to impose on the plaintiffs the prerequisites and pre-conditions laid down in their letters Nos. PR. 1711/6 of 26 April 1971, and WR/UCSRS/6 of 24 March 1971, respectively.

(b) Whether the imposition of the said prerequisites and pre-conditions are not ultra vires.

(c) Whether the plaintiffs have not complied with paragraph 4 of N.L.C.D. 252, and

(d) Whether the plaintiffs are not entitled to have their proposed society registered.

The facts leading to this application are briefly stated thus: the plaintiffs by their solicitor on 25 February 1971 sent an application to the Senior Co-operative Officer, Takoradi, for registration of their society as a co-operative so…

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