BANK OF GHANA vs. NARKO AND ANOTHER [1973]DLCA2367

Date	1973-07-09
Suit No.
Citation No.	[1973]DLCA2367

APALOO JA

LASSEY JA

ARCHER J.A.

C. E. QUIST (WONTUME WITH HIM) FOR THE APPELLANTS.

M. K. AYISI FOR THE RESPONDENTS.

[1973]DLCA2367
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													<main id="main" class="content" style="min-height: 60rem" >BANK OF GHANA <o:p></o:p>vs. <o:p></o:p>NARKO AND ANOTHER <o:p></o:p>[COURT OF APPEAL,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 265<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
9 JULY 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

C. E. QUIST (WONTUME WITH HIM) FOR THE APPELLANTS.<o:p></o:p>

M. K. AYISI FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APALOO, LASSEY AND ARCHER JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO J.A.<o:p></o:p>The Bank
of Ghana (hereinafter called the bank) appeals against the judgment of
Hayfron-Benjamin J. whereof the judge awarded in favour of the respondents,
general and special damages for wrongful dismissal.<o:p></o:p><o:p>&nbsp;</o:p>The
respondents were until 30 June 1967 employees of the bank in different
capacities. The first respondent was employed in 1959 as a clerical officer and
had by June 1967 risen to the post of a senior clerk on a salary of ¢1,400 per
annum. The second respondent was employed in August 1965 as an officer grade 2
on probation and by June 1967, was confirmed in his post and was in receipt of
a salary at the rate of ¢1,960 per annum.<o:p></o:p><o:p>&nbsp;</o:p>Some time
between August and September 1967, the respondents were arrested and charged
with stealing. The charges against them seem to have been preferred on the
complaint of the bank. On 15 December 1967, the Republic entered a nolle
prosequi against them and they were discharged. While the criminal matter was
pending against them, the bank, acting by its Governor, requested the
respondents’ resignation. They did so. Although prima facie, the respondents
resigned their employments, they claimed that they were forced to do so “in
circumstances amounting to wrongful dismissal.”<o:p></o:p><o:p>&nbsp;</o:p>Accordingly,
on 27 June 1970, they jointly issued against the bank a writ claiming:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“(a) a
declaration that the plaintiffs’ forced and involuntary resignations on the 30
June 1967 were secured by the defendants in circumstances amounting to wrongful
dismissal; <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b)
reinstatement of the plaintiffs or in the alternative ¢100,000 (¢50,000 each)
damages for wrongful dismissal of the plaintiffs by the defendants.”<o:p></o:p><o:p>&nbsp;</o:p>In their
statement of claim, the plaintiffs asked for just special and general damages
for wrongful dismissal. The learned judge observed on this that as the
plaintiffs omitted to make any mention of their claims for a declaration of
wrongful dismissal and reinstatement, they must be deemed to have abandoned
these reliefs. No point was made of this by the plaintiffs. The special damages
sought were grounded firstly, on the fact that before dispensing with their
services, they were entitled in the case of the first respondent to one calendar
month’s previous notice in writing and in the case of the second respondent to
three months’ notice and secondly, they were each entitled to bonuses. The
claims to salaries in lieu of notices were conceded by the bank and the learned
judge was not troubled with any controversy on that point. But the
circumstances in which that claim was conceded were made much of by the judge
in considering the substantive question whether the plaintiffs were entitled to
any more than the bank conceded.<o:p></o:p><o:p>&nbsp;</o:p>