[2002]DLSC6445 • May 29, 2002 • Supreme Court •
THE REPUBLIC (PLAINTIFF) vs. THE COURT OF APPEAL (RESPONDENT) EX-PARTE GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION (HEREIN AFTER CALLED THE APPLICANT) FOR AN ORDER OF CERTIORARI AND MANDAMUS
The Ghana Commercial Bank Pensioners Association, representing pioneer staff of the Bank, initiated a suit in the High Court in January 1995 seeking enforcement of pension rights under a 1976 Special Pension Scheme and a 1987 Board of Trustees amendment. The Bank had submitted to judgment on relief 1 in February 1999, leading to a Judgment After Trial filed in April 1999. Subsequent disputes arose over interpretation of terms in the judgment, leading to appeals. The Court of Appeal nullified the judgment on procedural grounds, prompting the present application.
read moreAFREH, JSC: This is an application for an Order of Certiorari to quash the decision of the Court of Appeal delivered on or about the 20th of 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 (C.I.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 applicant Association is made up of pioneer staff which 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 included the following: (a) To serv...