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TETTEH AND OTHERS
V.
ESSILFIE AND ANOTHER

(2001) JELR 65417 (SC)

Supreme Court 11 Jul 2001 Ghana
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- The Supreme Court held that exclusionary clauses in union constitutions requiring exhaustion of internal remedies before court action cannot be enforced where they violate rules of natural justice (e.g., where an internal tribunal compris

Case Details

Judges:AMPIAH JSC, KPEGAH JSC, ADJABENG JSC, LAMPTEY JSC, ADZOE JSC
Counsel:S A X TSEGAH FOR THE APPELLANTS; J OPOKU-AGYEI FOR THE RESPONDENTS.
Other Citations:[2001-2002] 1 GLR 440

JUDGEMENT

KPEGAH JSC.

Delivered the judgment of the court. The instant appeal presents no complicated legal or factual issues for determination. The issues presented relate to one of law which, in our view, are well settled and, indeed, well treated by the Court of Appeal in its unanimous decision of 22 June 1995 in Essilfie v. Tetteh [1995-96] 1 GLR 297, CA.

The brief antecedents of this case are that all the parties are members of the Ghana Private Road Transport Union (GPRTU) of the Trades Union Congress. The plaintiffs together with the first, second and third defendants are all members of the Assin Fosu branch of the union with the said defendants being executive members of the local branch. The fourth defendant is the regional chairman of the Central Region branch of the GPRTU. By article 24 of the constitution of the union, members are to have recourse to, in the event of a dispute, certain domestic tribunals established under the constitution before, having recourse to, with the …

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