Kpoh's writ against ICU dismissed

Wednesday, April 15, 2009 (Page 3 Lead)

THE Accra Fast Track High Court has dismissed the entire suit instituted by the former General Secretary of the Industrial and Commercial Workers Union (ICU), Mr Napoleon Kpoh, and another against the executives of the ICU over their removal from office.
Mr Kpoh and the former Chairman of the ICU, Mr A. Y. B. Salifu, had sued six executives of the ICU, including the National Executive Council (NEC), over what the plaintiffs termed as their unconstitutional removal from office but the court held that they lacked the capacity to institute the writ.
The court, presided over by Mr Justice S. K. Asiedu, held that the titles, namely, ‘General Secretary’ and ‘Chairman’ of the ICU, as used by the plaintiffs, were not natural persons, corporate bodies or legal entities.
It, therefore, held that by law the plaintiffs could not sue in those capacities.
It, accordingly, awarded total costs of GH¢4,000 against the plaintiffs, who had at all material times held themselves up as ‘General Secretary’ and ‘Chairman’ of the ICU to the court.
Another Fast Track High Court, presided over by Mr Justice Edward Asante, had, on Wednesday, April 8, 2009, dismissed a contempt case brought against three members of the Interim Management Committee (IMC) of the ICU.
According to the court, the applicants, Mr Kpoh and Mr Salifu, had failed to establish a prima facie case against the IMC to warrant the court to cite them for contempt.
In the substantive suit, the trial judge was ruling on a motion filed by the NEC which challenged the capacity of the plaintiffs on the grounds that those positions did not belong to or were not owned by any particular person.
According to the NEC, the titles used by the plaintiffs were not personal and for that matter they lacked the capacity to use those titles and the addresses of the ICU to sue.
The court upheld the motion and stated that the trial had no cause to continue. It then dismissed the entire suit.
Counsel for the defendants, Mr Albert Adaare, then reminded the court that the NEC organised a congress but could not elect substantive executives because of the suit.
He said another congress had to be held as a result of the legal action and for that matter more debt would be incurred by his clients.
Mr Adaare prayed the court to order the plaintiffs to pay for the loss incurred, in fulfilment of their undertaken to cater for any loss in case they lost the case.
Opposing that, counsel for the plaintiffs informed the court that the defendants had organised the congress and appointed people into acting positions.
The court then fixed May 14, 2009 for the assessment of damages against Messrs Kpoh and Salifu.
The Accra Fast Track High Court had, on August 20, 2007, restrained Messrs Kpoh and Salifu from holding themselves up as General Secretary and Chairman, respectively, of the ICU.