[2019]DLCA7423 • May 27, 2019 • Court of Appeal
UNIVERSITY OF MINES AND TECHNOLOGY (2ND DEFENDANT/APPLICANT/APPELLANT) vs. FRANCIS AMOAKO (PLAINTIFF/RESPONDENT/RESPONDENT)
The Plaintiff, Francis Amoako, obtained a judgment against the 2nd and 3rd Defendants for unpaid salary for additional teaching services rendered beyond his official duties from 1990/91 to 2000/2001 academic years. The trial court awarded GH₵256,099.04 plus costs. The 2nd Defendant (University of Mines and Technology) challenged the calculation of the judgment debt and interest after the Court of Appeal affirmed the substantive judgment, filing motions to set aside the Entry of Judgment and Garnishee Order, which were dismissed by the High Court.
read moreWELBOURNE, JA This appeal is against the Ruling of the High Court, Kumasi dated 9th June, 2016. The grounds of appeal as filed by the 2nd Defendant are as follows: a. The learned judge erred in holding that in challenging the Entry of Judgment the Appellant had also, in effect, challenged the Judgment which had been confirmed by the Court of Appeal. b. The Learned Judge erred in holding that the Entry of Judgment had been confirmed by the Court of Appeal. c. The imposition of punitive costs on the Appellant, in the amount of GH₵12,000.00 is harsh and unfair. d. The decision of the Honourable Court is against the weight of evidence. e. The learned Judge failed to adequately consider the case of the Defendant/Appellant. In this appeal, the 2nd Defendant/Applicant/Appellant is hereinafter referred to as the Appellant, while the Plaintiff/Respondent/Respondent is hereinafter referred to as the Respondent. The record of appeal is hereinafter referred to as the ROA. Th.....