BOAHEN VRS GRAHAM (BOAHEN) [2023] GHAHC 535 (31 January 2023)
The plaintiff failed to tender the full GPRTU Constitution or establish a nexus between the tendered exhibit and the GPRTU Constitution, making it impossible for the court to determine if the defendants breached its provisions. Consequently, the plaintiff did not discharge the burden of proof required by law.
- Citation
- [2023] GHAHC 535
- Parties
- Plaintiff: Emmanuel Boahen; 1st Defendant: William Graham; 2nd Defendant: Abass Salifu; 3rd Defendant: Joseph Arthur; 4th Defendant: Lateef Olatunji; 5th Defendant: Stephen Tetteh
- Court
- High Court
- Jurisdiction
- Ghana
- Judgment Date
- 31 January 2023
- Case Number
- BOAHEN
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaintiff's claims dismissed
- Legal Topics
- Breach of Constitution, Audited Accounts, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Emmanuel Boahen
Plaintiff
William Graham
1st Defendant
Abass Salifu
2nd Defendant
Joseph Arthur
3rd Defendant
Lateef Olatunji
4th Defendant
Stephen Tetteh
5th Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendants breached the GPRTU Constitution by failing to render annual audited accounts
- 2 Whether elections conducted without audited accounts are null and void
Ratio Decidendi
The plaintiff failed to tender the full GPRTU Constitution or establish a nexus between the tendered exhibit and the GPRTU Constitution, making it impossible for the court to determine if the defendants breached its provisions. Consequently, the plaintiff did not discharge the burden of proof required by law.
Court Disposition
Plaintiff's claims dismissed
Full Case Text
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