[2011]DLCA7889February 17, 2011Court of Appeal

E. K. SOSU, A. K. QUAYE & 1553 OTHERS (PLFFS/APPELLANTS) vs. GHANA PORTS AND HARBOURS AUTHORITY (DEFT/RESPONDENT)

AYEBI J.A. I have read in advance the opinion just delivered by my learned brother Gyaesayor J.A. I am entirely in agreement with him that this interlocutory appeal should fail because the whole action is statute-barred not only by virtue of section 92(1) of Ghana Ports and Harbours Authority Law, 1986 (PNDCL 160) but also by virtue of section 4(1)(b) of the Limitation Act, 1972 (NRCD 54). In the plaintiffs/appellants’ endorsement on the writ, their claim is for “severance pay due plaintiffs in 1989 arising from plaintiffs’ employment with defendant which was terminated in 1989”. It is clear from this endorsement that plaintiffs/appellants’ cause of action against their employer, the defendant/respondent herein arose in 1989. That being so, this action launched in 2000 is completely out of time and moribund in limine. It is therefore not of place for the defendant/respondent to set down for legal argument the issue as to “whether the plaintiffs’ action herein is sta...