APPIAH AND ANOTHER V. PROGRESSIVE TRANSPORT OWNERS ASSOCIATION( PROTOA)

IRENE C DANQUAH JA

This is an interlocutory appeal arising out of the ruling of the High Court, Kumasi dated 23^rd March 2010. In the said ruling the court held that;

“This Court holds the view that the alleged conduct which resulted in their dismissal (sic) should be covered by the Old Constitution and not the new one. At this stage any other pronouncement by the Court could pre-empt the outcome of the substantive suit so I refrained from making any suit adjourned to 16^th March 2010 for hearing.”

The Defendant aggrieved by the said ruling filed an appeal against same seeking by way of relief to have the said ruling reversed so that the New Constitution will apply. There is only one ground of appeal which reads that;

“The learned judge erred in law in ruling that the Old Constitution of the Association rather than the new one should apply in this case.”

The particulars of error of law are;

a. That the fact of the alleged impropriety in the appointment of the Board of Directors of the Defenda…