REPUBLIC vs. COURT OF APPEAL; EX PARTE GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION

JUDGEMENT Afreh JSC. Delivered the ruling of the court. This is an application for an order of certiorari to quash the decision of the Court of Appeal delivered on or about 20 December 2001 and for an order of mandamus to compel the Court of Appeal to rehear and determine the matter before it according to law in conformity with rules 31 and 32 of the Court of Appeal Rules, 1997 (CI 19). The order of the Court of Appeal was to send the case back to the High Court to deal with it from the date the defendant in the High Court submitted to judgment. The plaintiff-association is made up of pioneer staff who worked to establish the Ghana Commercial Bank. At the commencement of the suit before the High Court in January 1995 it had about 770 members but as at January 2002, when the instant application was brought, about 89 of them had died, remaining 681. In 1976 a scheme was introduced by the bank known as the Ghana Commercial Bank Special Pension Scheme. The objects of the scheme...