Donkor Vrs Christian Mothers Association (A11/37/2022) [2022] GHACC 321 (7 October 2022)

IN THE CIRCUIT COURT HELD IN KUMASI ON FRIDAY THE 7TH DAY OF OCTOBER, 2022 BEFORE HER HONOUR PRISCILLA DAPAAH MIREKU (MRS.), CIRCUIT COURT JUDGE. SUIT NO. A11/37/2022 MARY DONKOR : PLAINTIFF VRS: CHRISTIAN MOTHERS’ ASSOCIATION PER ITS PRESIDENT LYDIA BAIDOO PLAINTIFF ---------------------------------------------------------------------------------------------------- JUDGMENT ---------------------------------------------------------------------------------------------------- The plaintiff commenced an action against the defendant on 23rd September, 2021 for the following; a. An order for the Defendant to render proper accounts of monies collected and expended from its members since the year 2011. b. A declaration that the refusal of the Defendant to furnish the Plaintiff with a copy of the association’s Constitution is unlawful. c. An order from the Honourable Court ordering the Defendant to furnish Plaintiff with a copy of its constitution. d. An injunction restraining the Defendant from withdrawing the monies held in the account at Kumawuman rural Bank, Ahensan Branch with account no. 111410000586291 till the final determination of the suit. The defendant failed to enter appearance and file a defence even though the plaintiff’s writ of summons and statement of claim were served on them. According to the plaintiff she brings this action against the defendant in her capacity as a member of the defendant’s association. The Plaintiff claims that the defendant is a religious group registered under the Catholic Church with different branches across the country. The plaintiff further claims that she has been a member of the defendant’s association since 2000 and has been performing her duties and obligations as a member. The plaintiff states she was appointed by the executive and members of the group to be a member of its finance management team and was subsequently added as one of the signatory of the association Kumawuman Rural Bank account. That the president attempt to dissipate the money in the said account has incensed her and tried all means to remove her from the signatories to their account. The plaintiff further avers that the defendant has gone ahead to replace her name contrary to the resolution arrived at in February, 2020. The plaintiff says she is a dues paying member of the defendant and as such feel aggrieved with the way issues have been addressed by the executive of the defendant’s association together with its cohorts and wants the intervention of this honourable court. Hence she prays for the above mentioned reliefs endorsed on her writ of summons. Since the defendant did not enter appearance, the plaintiff proceeded with the case as if the defendant had entered appearance pursuant to Order of the High Court (Civil procedure) Rules, 2008 (C. I. 47) as the reliefs the plaintiff is praying for does not fall within reliefs she can get default judgment in default of appearance. The issues that were set down for trial were as follows; 1. Whether or not the defendant association passed a resolution for the plaintiff to be added to its financial committee. 2. Whether or not the defendant association is right to replace the plaintiff’s name as a signatory of its accounts held at the Kumawuman Rural bank, Ahensan Branch. 3. Whether or not the defendant association owes a duty to render proper accounts of monies collected and expended from its members. 4. Whether or not the defendant association owes the plaintiff and its members a duty to give them a copy of the association’s constitution. Section 11 of the Evidence Act, 1975 (N. R. C. D.) put an obligation on a party to introduce sufficient evidence to avoid a ruling on an issue against the party and in the case of Zambrama v. Segbezi [1991] 2 GLR 221 @ 246 the Court of Appeal held that, A person who makes an averment or assertion, which is denied by his opponent, has a burden to establish that his averment or assertion is true. And he does not discharge this burden from which the fact or facts he asserted can properly and safely be inferred. The nature of each averment or assertion determines the degree and nature of the burden. In this case, the assertions or averments of the plaintiff have not been denied but it will be prudent for the plaintiff to lead evidence to prove her claim as her reliefs are declaratory in nature. The first issue for consideration is whether or not the defendant association passed a resolution for the plaintiff to be added to its financial committee. In proving that indeed the defendant association passed a resolution and added the plaintiff to their financial committee, the plaintiff tendered a letter from the defendant association to the manager of Kumawuman Rural bank in which the plaintiff was one of the signatory to the account which same was marked Exhibit ‘A’. In Exhibits ‘A’ and ‘B’ the plaintiff signed as a trustee. Since there is no contrary evidence, the honourable court finds that the defendant association passed a resolution for the plaintiff to be added to its financial committee. The second issue is whether or not the defendant association is right to replace the plaintiff’s name as a signatory of its accounts held at the Kumawuman Rural bank, Ahensan Branch. This issue can only be determined if the court was furnished with the constitution of the defendant association. Without same, the court is unable to make a finding of fact on this issue. The third issue for consideration is whether or not the defendant association owes a duty to render proper accounts of monies collected and expended from its members. Once the association takes dues from its members and they are prove of the association having a financial committee and an account at the bank, it lies to say that the defendant association owes its members proper accounts of monies collected from them The last issue that was set down was whether or not the defendant association owes the plaintiff and its members a duty to give them a copy of the association’s constitution. The reasonable man on the street will ideally expect to be given constitution of associations or groups he may join is there is any. It is trite that before an association can open an account with the bank, one of its requirements is to have a constitution. Thus every member is entitled to have a copy of the association’s constitution to enable the members know the do and don’ts. The plaintiff as a member of the defendant’s association is entitled to have a copy of the association’s constitution. One of the reliefs the plaintiff prays for is an injunction restraining the defendant from withdrawing money from the bank account aforementioned till the final determination of this suit. This suit has come to an end so there is no need for the court to make any such order. The honourable court enter judgment for the plaintiff for reliefs a, b, and c. Cost of GH₵2000.00 is awarded against the defendant. SGD. H/H PRISCILLA DAPAAH MIREKU (MRS.) CIRCUIT COURT 2, ADUM - KUMASI 7TH OCTOBER, 2022 5