Ratio DecidendiRatio DecidendiRatio Decidendi



TETTEH AND OTHERS
V.
ESSILFIE AND ANOTHER

(2001) JELR 65417 (SC)    
Supreme Court  ·  11 Jul 2001 ·  Ghana
 · 
Other Citations
[2001-2002] 1 GLR 440
CORAM
AMPIAH JSC, KPEGAH JSC, ADJABENG JSC, LAMPTEY JSC, ADZOE JSC

Ratio Decidendi

Core Terms Beta
article
plaintiffs
public policy
original jurisdiction
rules
union’s constitution
parties
domestic tribunals
jurisdiction of the courts
law
appellate jurisdiction
court of appeal
aggrieved party
approval of the national executive council
cape coast
high court
instant case
such situations
trial court
allegation of the breach of the rules
brief antecedents of this case
cases of error of law
consequential orders
constitution of the union
executive members of the local branch
factual issues
following declarations
ghanaian proverbs
instant appeal presents
interpretation of certain provisions of the constitution
judgment of the court
last point
law lord
members of the assin fosu branch of the union
natural justice
perpetual injunction
preliminary point
principles of natural justice
said constitution
said defendants
such exclusionary clause
term of office of the present executive
terms of a contract
third defendants
trades union congress
trial judge
unanimous decision
williams j

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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