Kofi and Others Vrs Ghana Private Road Transport Union Of Tuc [gh] [2004] GHACA 17 (2 July 2004)

Kofi and Others Vrs Ghana Private Road Transport Union Of Tuc [gh] [2004] GHACA 17 (2 July 2004)

The application for stay of execution was dismissed because the election was conducted in contravention of a mandatory constitutional provision, and the applicant failed to demonstrate sufficient hardship or merit to warrant a stay. The paramount duty is to prevent the appeal from being rendered nugatory, but in this case, the balance of convenience did not favour the applicant.

Citation
[2004] GHACA 17
Parties
Plaintiff/respondent: Francis Kofi Adzayawo; Plaintiff/respondent: Hilariu-Anane; Plaintiff/respondent: Emil Anorsigbe; Defendant/applicant: Ghana Private Road Transport Union of TUC [GH]
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
2 July 2004
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution
Outcome
application for stay of execution dismissed
Legal Topics
Elections in Trade Unions, Interpretation of Union Constitutions, Stay of Execution, Mandatory Statutory Provisions
Source Language
English
Constitutional Law Labour Law Civil Procedure Elections in Trade Unions Interpretation of Union Constitutions Stay of Execution Mandatory Statutory Provisions

Case Brief

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Parties

Francis Kofi Adzayawo

Plaintiff/respondent

Hilariu-Anane

Plaintiff/respondent

Emil Anorsigbe

Plaintiff/respondent

Ghana Private Road Transport Union of TUC [GH]

Defendant/applicant

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the election at Kpando Branch of GPRTU was conducted in contravention of Article 13[0] of the union's constitution
  2. 2 Whether the amended statement of defence disclosed a reasonable answer to the plaintiffs' claim
  3. 3 Whether stay of execution should be granted pending appeal

Ratio Decidendi

The application for stay of execution was dismissed because the election was conducted in contravention of a mandatory constitutional provision, and the applicant failed to demonstrate sufficient hardship or merit to warrant a stay. The paramount duty is to prevent the appeal from being rendered nugatory, but in this case, the balance of convenience did not favour the applicant.

Court Disposition

application for stay of execution dismissed