THE Progressive Transport Owners Association (PROTOA) has won an appealed case which sought to interdict an embattled former Eastern Regional Chairman Mr. Francis Akaglo .
The legal tussle which began four years ago after the suspension of Mr Francis Akaglo, the former Eastern Regional Chairman from the Association for allegedly squandering the Association’s fund subsequently suspending Mr Yaw Adogo, the Eastern Regional Organiser of PROTOA, who also doubles as the Chairman of Peace PROTOA in the Eastern Regional Capital, Koforidua.
The interdiction of Mr Francis Akaglo was sanction by the Koforidua appeals court last Wednesday overturning a previous verdict by the Koforidua High Court which cleared Mr Akaglo of any wrong doing.
The appeal is by the plaintiff (PROTOA NATIONAL SECRETARIAT) herein against the Ruling of the , Koforidua High Court dated 16th December , 2021 by which the plaintiff’s action was struck out as being “double action against the defendants, unnecessarily vexatious and a gross abuse of the court’s processes”.
However , following an appeal filed by the plaintiff represented by Benjamin Agbosu Katsekpor (National Chairman) , The Appeal Court of Ghana Eastern Region held at Koforidua dated Tuesday, 15th Day of November , 2022 delivered a judgement on the decision of the High Court as follows:
“The Ruling of the High Court , Koforidua dated 16th December, 2021 together with cost awarded against the plaintiff is set aside , We restore suit No.C12/52.2022”.
“We further grant an order of interlocutory injunction against the defendants etc subject to the filing of an undertaking by the Plaintiff in accordance with Order 25 rule 9 of C.1. 47.”
” We recommend to the Honourable Chief Justice to place the suit before a High Court ( differently constituted ) for an early and expeditious trial to be conducted”
“The Appeal Court also prays for cost of GHC 10,000.00 against each of the 5 Defendants/ Respondents”.
*The Antecedents*
The plaintiff is an association of transport owners with it headquarters in Accra. It has Regional and Branch offices scattered around the country. The defendants (except the 1st) are described as members of the Peace Branch of the Plaintiff in the Eastern Region of Ghana.
As a result of internal wranglings and alleged financial malfeasance at the Peace Branch , Plaintiff interdicted 1st and 2nd defendants. Following these directives defendants constituted themselves into an interim Management Committee (IMC) to oversee the affairs of the Peace Branch and allegedly interfered with the activities of the Regional Association. The 1st and 2nd Defendants are said to have locked up the doors to the Peace Branch offices which denied Plaintiff’s audit team access to the premises to discharge their lawful duties.
As a result of these events , Plaintiff sued Defendants at the High Court, Koforidua on 25th March , 2021 seeking the following reliefs:
(a) A declaration that the Regional Interim Management Committee formed by Defendants on or about 26th November ,2020 was unlawful , null and void.
(b) An order of perpetual injunction restraining the Defendants from holding out themselves as members of the Regional Interim Management Committee of the Eastern Region of Plaintiff.
(c) A declaration that 1st and 2nd Defendants are accountable to Plaintiff in their capacities as Peace Branch IMC Chairman and Peace Branch Treasurer, respectively.
*Plaintiff/Appellant* …………………PROGRESSIVE TRANSPORT OWNERS ASSOCIATION-GHANA (PROTOA), NATIONAL SECRETARIAT
VRS.
*Defendants/Respondents* ………..1.AKAGLO FRANCIS KUDJO
2. KOFI JOSHUA SOGAH
3.AHMED TIJANI
4.SAMUEL ANTWI
5. SAMUEL BOATENG.
