REPUBLIC OF GHANA WRIT OF SUMMONS (Order 2 rule 3(1)) WRIT ISSUED FROM:………….…….…….……..20………...........SUIT No. ………………………... IN THE HIGH COURT OF JUSTICE NJONOLAH LINUS ) --------------- PLAINTIFF IMMEDIATE PAST TEIN PRESIDENT ) OF THE AKROKERRI COLLEGE OF EDUCATION ) CARD BEARING MEMBER OF THE NDC ) H/NO. 17, MANSO ATWEDIE WITHIN THE ) AMANSIE – WEST CONSTITUENCY. ) VERSUS 1. THE NATIONAL EXECUTIVE COMMITTEE ) -------------- DEFENDANTS OF THE NATIONAL DEMOCRATIC CONGRESS (NDC) ) PER THE NATIONAL CHAIRMAN ACCRA. ) 2. THE ASHANTI REGIONAL EXECUTIVE COMMITTEE ) OF THE NATIONAL DEMOCRATIC CONGRESS (NDC) ) PER ITS CHAIRPERSON KUMASI/ASHANTI. ) PLAINTIFF SHALL DIRECT SERVICE: To: AN ACTION having been commenced against you by the issue of this writ by the above-named Plaintiff. YOU ARE HEREBY COMMANDED that within EIGHT DAYS after service of this writ on you inclusive of the day of service you do cause an appearance to be entered for you. AND TAKE NOTICE that in default of your so doing, judgment may be given in your absence without further notice to you. Dated this day of 20…………................... Chief Justice of Ghana NB: This writ is to be served within twelve calendar months from the date of issue unless; it is renewed within six calendar months from the date of that renewal. The defendant may appear hereto by filing a notice of appearance either personally or by lawyer at Form 5 at the Registry of the Court of issue of the writ at A defendant appearing personally may, if he desires, give notice of appearance by post.*State name, place of residence or business address of plaintiff if known (not P. O. Box number). FORM 1 STATEMENT OF CLAIM The Plaintiff’s Claims against the defendants jointly and severally are as follows: a) A declaration that the executive members of the 1st and 2nd defendants have overstayed their mandate for four (4) years per Articles 17(4), 20(4) and 23(4) of the Constitution of the National Democratic Congress (NDC). b) A declaration that the decision of the executive members of the 2nd Defendant disqualifying some card-bearing members of the National Democratic Congress (NDC) is null and void since guidelines for the election of Party Executive Officers of the National Democratic Congress (NDC) for 2014 had been grossly breach. c) A Declaration that all the elections organized and held by the executive members of the 2nd defendant are equally null and void. d) An order cancelling and/or annulling all the CEC elections held so far at the instance of the executive members of the 2nd defendant at the Constituency level. e) An order compelling the Chairman of the Council of Elders of the National Democratic Congress to constitute an interim Election Committee to organize, hold, oversee and/or supervise all levels of Executive Committee Elections excluding the Branch Executive Committee (BEC) elections. f) An order of perpetual Injunction restraining the 1st and 2nd defendants, their agents, assigns, privies and any other person or persons acting on their instructions from acting and/or purporting to act in whatsoever way and/or capacity as members of the respective Executive Committees as long as their expired mandate have not been renewed through re-election. g) A Declaration that Regulation 6(vi) of the Guidelines for the Election of Party Executive Officers of the National Democratic Congress (NDC) for 2014 is contrary to the provisions of the Constitution of the National Democratic Congress (NDC) and same is therefore null and void. h) An order restraining the 1st and 2nd defendants, their agents, assigns and any other person or persons acting upon their instructions and/or authority. This writ was issued by whose address for service is Agent for Lawyer for the plaintiff who resides at …..………………………………………………………………………………….................................... Endorsement to be made within 3 days after service This writ was served by me at on the defendant on the day of Endorsed the day of Signed…………………………………… Address………………………………….. …………………………………………... NOTE: If the plaintiff’s claim is for a liquidated demand only, further proceedings will be stayed if within the time limited for appearance pays the amount claimed to the plaintiff his lawyer or his agent or into court as provided for in Order 2 rule 3(2). REPUBLIC OF GHANA WRIT OF SUMMONS (Order 2 rule 3(1)) WRIT ISSUED FROM:………….…….…….……..20………...........SUIT No. ………………………... IN THE HIGH COURT OF JUSTICE NJONOLAH LINUS ) --------------- PLAINTIFF IMMEDIATE PAST TEIN PRESIDENT ) OF THE AKROKERRI COLLEGE OF EDUCATION ) CARD BEARING MEMBER OF THE NDC ) H/NO. 17, MANSO ATWEDIE WITHIN THE ) AMANSIE – WEST CONSTITUENCY. ) VERSUS 1. THE NATIONAL EXECUTIVE COMMITTEE ) -------------- DEFENDANTS OF THE NATIONAL DEMOCRATIC CONGRESS (NDC) ) PER THE NATIONAL CHAIRMAN ACCRA. ) 2. THE ASHANTI REGIONAL EXECUTIVE COMMITTEE ) OF THE NATIONAL DEMOCRATIC CONGRESS (NDC) ) PER ITS CHAIRPERSON KUMASI/ASHANTI. ) PLAINTIFF SHALL DIRECT SERVICE: To: AN ACTION having been commenced against you by the issue of this writ by the above-named Plaintiff. YOU ARE HEREBY COMMANDED that within EIGHT DAYS after service of this writ on you inclusive of the day of service you do cause an appearance to be entered for you. AND TAKE NOTICE that in default of your so doing, judgment may be given in your absence without further notice to you. Dated this day of 20…………................... Chief Justice of Ghana NB: This writ is to be served within twelve calendar months from the date of issue unless; it is renewed within six calendar months from the date of that renewal. The defendant may appear hereto by filing a notice of appearance either personally or by lawyer at Form 5 at the Registry of the Court of issue of the writ at A defendant appearing personally may, if he desires, give notice of appearance by post.*State name, place of residence or business address of plaintiff if known (not P. O. Box number). FORM 1 STATEMENT OF CLAIM The Plaintiff’s Claims against the defendants jointly and severally are as follows: a) A declaration that the executive members of the 1st and 2nd defendants have overstayed their mandate for four (4) years per Articles 17(4), 20(4) and 23(4) of the Constitution of the National Democratic Congress (NDC). b) A declaration that the decision of the executive members of the 2nd Defendant disqualifying some card-bearing members of the National Democratic Congress (NDC) is null and void since guidelines for the election of Party Executive Officers of the National Democratic Congress (NDC) for 2014 had been grossly breach. c) A Declaration that all the elections organized and held by the executive members of the 2nd defendant are equally null and void. d) An order cancelling and/or annulling all the CEC elections held so far at the instance of the executive members of the 2nd defendant at the Constituency level. e) An order compelling the Chairman of the Council of Elders of the National Democratic Congress to constitute an interim Election Committee to organize, hold, oversee and/or supervise all levels of Executive Committee Elections excluding the Branch Executive Committee (BEC) elections. f) An order of perpetual Injunction restraining the 1st and 2nd defendants, their agents, assigns, privies and any other person or persons acting on their instructions from acting and/or purporting to act in whatsoever way and/or capacity as members of the respective Executive Committees as long as their expired mandate have not been renewed through re-election. g) A Declaration that Regulation 6(vi) of the Guidelines for the Election of Party Executive Officers of the National Democratic Congress (NDC) for 2014 is contrary to the provisions of the Constitution of the National Democratic Congress (NDC) and same is therefore null and void. h) An order restraining the 1st and 2nd defendants, their agents, assigns and any other person or persons acting upon their instructions and/or authority. This writ was issued by whose address for service is Agent for Lawyer for the plaintiff who resides at …..………………………………………………………………………………….................................... Endorsement to be made within 3 days after service This writ was served by me at on the defendant on the day of Endorsed the day of Signed…………………………………… Address………………………………….. …………………………………………... NOTE: If the plaintiff’s claim is for a liquidated demand only, further proceedings will be stayed if within the time limited for appearance pays the amount claimed to the plaintiff his lawyer or his agent or into court as provided for in Order 2 rule 3(2). IN THE HIGH COURT OF JUSTICE SUIT NO........................................................... NJONOLAH LINUS ) ----- PLAINTIFF IMMEDIATE PAST TEIN PRESIDENT ) OF THE AKROKERRI COLLEGE OF EDUCATION ) CARD BEARING MEMBER OF THE NDC ) H/NO. 17, MANSO ATWEDIE WITHIN THE ) AMANSIE – WEST CONSTITUENCY. ) VERSUS 1. THE NATIONAL EXECUTIVE COMMITTEE ) ----- DEFENDANTS OF THE NATIONAL DEMOCRATIC CONGRESS (NDC) ) PER THE NATIONAL CHAIRMAN ACCRA. ) 2. THE ASHANTI REGIONAL EXECUTIVE COMMITTEE ) OF THE NATIONAL DEMOCRATIC CONGRESS (NDC) ) PER ITS CHAIRPERSON, KUMASI/ASHANTI. ) STATEMENT OF CLAIM 1. The plaintiff is a Ghanaian by birth and of Nationality and a card-bearing member of the National Democratic Congress (NDC) in the Amansie-West Constituency and also the Immediate Past President of the Tertiary Education Institutions Network (TEIN), a student wing of the NDC. 2. The 1st and 2nd defendants are the National and Regional Branch of the National Democratic Congress (NDC) duly created under the Constitution of the National Democratic Congress (NDC). 3. The plaintiff says that per the provisions of the Constitution of the National Democratic Congress (NDC), the executive members of the National Executive Committee (NEC) of the NDC, the Regional Executive Committee (REC) and the executive members of the Constituency Executive Committee (CEC) have all overstayed their mandate contrary to some relevant provisions of the Constitution of the NDC. 1. The plaintiff reiterates the immediately preceding paragraph and further states for the avoidance of doubt that the 1st and 2nd defendants respective terms of office as guaranteed under the said Constitution of the National Democratic Congress (NDC) is four (4) years with a further right of extension of same by re-election. 2. The plaintiff says that the term of office of all executive members of NEC, REC and CEC of the NDC have elapsed and/or expired as at January, 2014 and have refused and/or failed to renew their mandate through re-election but are still occupying their respective positions, the expiration of their terms of office notwithstanding. 3. The plaintiff shall contend at the trial that by reason of the immediately preceding paragraph as recounted supra, any action and/or inaction done by and/or purported to be done by or on the authority of any of the executive members of the defendants is/are void ab initio by reason of the executive members continued stay in office without the extension of their legal mandate through re-election. 4. The plaintiff shall also contend at the trial that the executive members of the 2nd defendant have organized elections at the constituency level for the election into office the executive members of the 3rd defendant within the Ashanti Region which said election(s) is/are currently ongoing. 5. The plaintiff further says that the executive members of the 2nd defendant notwithstanding the expiration of their respective terms of office have disqualified most card-bearing members of the NDC who have evinced an interest in contesting elections to be conducted at the constituency level particularly in the Ashanti Region without any justifiable cause. 6. The plaintiff says further that the executive members of the 2nd defendant upon disqualifying the said card-bearing members of the party failed and/or refused to communicate the grounds for the said disqualification to the said card-bearing members so affected contrary to the guidelines for the election of party executive officers of the NDC for the 2014. 7. The plaintiff says that the executive members of the 2nd defendant have willfully failed and/or refused to observe the provisions in the said guidelines for the election of the party executive officers of the NDC for the 2014. 8. The plaintiff says further that due to the fact that the respective terms of office of all the executive members of the 1st and 2nd defendants, it is only the Chairman of the Council of Elders of the NDC whose term of office is unlimited under the Constitution of the NDC. 9. The plaintiff reiterates the immediately preceding paragraph and further state that it is only the Chairman of the Council of Elders who reserve the absolute right to act for and on behalf of the NDC in the wake of occurrences such as the lapses complained about in respect of the expiration of the respective terms of office of the 1st and 2nd defendants. 10. The plaintiff says further that the defendants have no reasonable, probable or legitimate defence to the plaintiff’s claim. 11. Wherefore the plaintiff claims against the defendants as per the endorsement on the writ of summons, namely: a) A declaration that the executive members of the 1st and 2nd defendants have overstayed their mandate for four (4) years per Articles 17(4), 20(4) and 23(4) of the Constitution of the National Democratic Congress (NDC). b) A declaration that the decision of the executive members of the 2nd Defendant disqualifying some card-bearing members of the National Democratic Congress (NDC) is null and void since guidelines for the election of Party Executive Officers of the National Democratic Congress (NDC) for 2014 had been grossly breach. c) A Declaration that all the elections organized and held by the executive members of the 2nd defendant are equally null and void. d) An order cancelling and/or annulling all the CEC elections held so far at the instance of the executive members of the 2nd defendant at the Constituency level. e) An order compelling the Chairman of the Council of Elders of the National Democratic Congress to constitute an interim Election Committee to organize, hold, oversee and/or supervise all levels of Executive Committee Elections excluding the Branch Executive Committee (BEC) elections. f) An order of perpetual Injunction restraining the 1st and 2nd defendants, their agents, assigns, privies and any other person or persons acting on their instructions from acting and/or purporting to act in whatsoever way and/or capacity as members of the respective Executive Committees as long as their expired mandate have not been renewed through re-election. g) A Declaration that Regulation 6(vi) of the Guidelines for the Election of Party Executive Officers of the National Democratic Congress (NDC) for 2014 is contrary to the provisions of the Constitution of the National Democratic Congress (NDC) and same is therefore null and void. h) An order restraining the 1st and 2nd defendants, their agents, assigns and any other person or persons acting upon their instructions and/or authority. DATED AT “IN GOD I TRUST LEGAL CONSULT LTD.”, MILLENNIUM PLAZA, ASOKWA, KUMASI THIS 19TH DAY OF AUGUST, 2014. FELIX DATSOMOR, ESQ., LL.B (Hons), BL. “IN GOD I TRUST LEGAL CONSULT LTD.” MILLENNIUM PLAZA, ASOKWA, KUMASI. CHAMBERS REG. NO.: PP0001773/14 LIC/NO: AR 08548/14 THE REGISTRAR, HIGH COURT, KUMASI, ASHANTI. AND COPY TO THE DEFENDANTS HEREIN.
Posted on: Thu, 21 Aug 2014 09:44:10 +0000
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