BOAHEN VRS GRAHAM (BOAHEN) [2023] GHAHC 535 (31 January 2023)

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

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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

  1. 1 Whether the defendants breached the GPRTU Constitution by failing to render annual audited accounts
  2. 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