[2001]DLSC2370 • November 28, 2001 • Supreme Court •
PAUL KOFI ABOAGYE vs. GHANA COMMERCIAL BANK
The appellant, a Senior Manager employed by Ghana Commercial Bank, was summarily dismissed by the Bank's Board for alleged gross misconduct related to negligence in countersigning financial documents without ensuring proper debit entries. The appellant contended that his dismissal was ultra vires, null and void, as it violated the Bank's Staff Service Rules and the rules of natural justice, particularly the right to a fair hearing. The Bank denied the allegations and justified the dismissal based on negligence and misconduct. The High Court ruled in favor of the appellant, declaring the dismissal unlawful. The Court of Appeal reversed this decision, prompting the appellant to appeal to the Supreme Court.
read moreJOYCE BAMFORD-ADDO, J.S.C.: This is an appeal against the judgment of the Court of Appeal dated 26th November 1998 reversing a judgment of the Accra High Court dated 28th May 1997. Dissatisfied with the said judgment of the Appeal Court, Appellant filed another appeal to the Supreme Court. The grounds of appeal are: "a) The judgment was against the weight of evidence adduced and against natural justice b) The cost awarded was excessive. c) Other grounds will be filed when the Record of Appeal is ready" The facts of the case are as follows: The appellant herein was plaintiff in the case before the High Court. The defendant was the Commercial Bank, employer of the plaintiff. The plaintiff sued the Defendant and won his case at the High Court, but the Appeal Court reversed that decision and he has now appealed to this court. He would be hereinafter be referred to as plaintiff and the bank as defendants. The plaintiff's claim against the defendant was for: A declaration that h...