[2013]DLCA5249 • January 17, 2013 • Court of Appeal
KWASI APENTENG & 78 ORS vs. GHANA COMMERICAL BANK
The applicants were former employees of Ghana Commercial Bank (GCB) who retired, resigned, or were declared redundant. They claimed entitlement to benefits under the Ghana Commercial Bank Social Pension Scheme established in 1976. The bank contended the scheme was abolished in 1990 following the introduction of the Social Security Scheme and that it now contributes to SSNIT on behalf of workers. The applicants alleged denial of pension benefits constituted a violation of their fundamental human rights under Article 33 of the 1992 Constitution.
read moreGYAESAYOR, JA This is an appeal against the decision of the High Court, Accra dated 29th July 2010 in respect of an application brought by the 79 applicants/respondents (hereinafter called Respondents) against the Ghana Commercial Bank (GCB hereinafter called (Appellants) filed on 17th day of February 2010. The application in the High Court was brought under Order 67 of C.I. 47, the Civil Procedure Rules of 2004 invoking the jurisdiction of that court to enforce their fundamental human right which they claim had been trampled upon by the appellant herein. The facts of the case are quite simple. The applicants herein were employees of the GCB who had retired variously either at attaining 45 years, resigned or declared redundant or have retired from the service of the bank. Their claim is based on a scheme known and called “Ghana Commercial Bank Social Pension Scheme” which was established in 1976 to assist workers and to motivate them to work for longer periods with the said bank...