IN THE MATTER OF THE REPUBLIC vs. THE COURT OF APPEAL EX-PARTE GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION [2002]DLSC2379

IN THE MATTER OF THE REPUBLIC vs. THE COURT OF APPEAL EX-PARTE GHANA COMMERCIAL... [2002]DLSC2379

Date	2002-05-29
Suit No.	SUIT NO CM10/2002
Citation No.	[2002]DLSC2379

MRS. J BAMFORD-ADDO J.S.C

KPEGAH J.S.C

ADJABENG J.S.C

ATUGUBA J.S.C

AFREH J.S.C

DR. EKOW DANIELS FOR THE APPLICANT

MR. NORVOR FOR THE RESPONDENT

[2002]DLSC2379
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													<main id="main" class="content" style="min-height: 60rem" >IN THE MATTER OF THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>THE COURT OF APPEAL EX-PARTE GHANA COMMERCIAL BANK
PENSIONERS ASSOCIATION<o:p></o:p>[SUPREME
COURT]<o:p></o:p>SUIT
NO CM10/2002<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE: 29TH MAY 2002.<o:p></o:p>

</div>COUNSEL<o:p></o:p>DR.
EKOW DANIELS FOR THE APPLICANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MR.
NORVOR FOR THE RESPONDENT<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 1.0pt 0in">

</div><o:p>&nbsp;</o:p>RULING<o:p></o:p>AFREH,
JSC:<o:p></o:p>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)<o:p></o:p>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.<o:p></o:p>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.<o:p></o:p>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:<o:p></o:p>(a) To serve and reward for long
service and devotion to duty;<o:p></o:p>(b) To provide employees with
satisfaction that they need not have financial worries because of age or
infirmity.<o:p></o:p>The
Directors of the Bank for the time being were the Trustees of the scheme which
came into operation on 1st October 1976.<o:p></o:p>At
its meeting held on 27th February 1987 the Board of Trustees approved a
proposal for the revision of the pension scheme as presented to it in a Memo
dated 13th February, 1987. The proposal which was approved was in these terms:<o:p></o:p>"In October 1986.....the
Government approved new pensions for the Civil Service based on 70% of the
existing salary of the goods on retirement. The Board of Trustees of Ghana
Commercial Bank Special Staff Pension Scheme at a meeting held on 17th
December, 1986, agreed that proportionate adjustments should be effected to the
Bank's pensions based on current basic salaries with effect from October, 1986.
It was also agreed to recommend automatic adjustments of pensions whenever
salaries change."<o:p></o:p>Following
disputes between the Association and the Bank over the Bank's obligations under
the scheme the Association (Plaintiffs) brought on action on 23rd January 1995
in the High Court seeking inter alia&nbsp; the
following reliefs:<o:p></o:p>1.&nbsp;
A declaration that the Plaintiffs are entitled to be paid their pension
rights in accordance with Defendants' Board of Directors Amendment decisions of
27th February 1987;<o:p></o:p>2.&nbsp;
Arrears of pension due Plaintiffs with interest at current bank rate
with effect from 1st July 1987;<o:p></o:p>3.&nbsp;&nbsp;
Damages for breach of contract;<o:p></o:p>4.&nbsp;&nbsp;
An order for perpetual injunction<o:p></o:p>Reliefs
(3) and (4) were abandoned at the trial.<o:p></o:p>On
22nd February 1999 the Bank (Defendant) submitted to judgment in respect of
relief (1). Because of the importance of this submission the proceedings on
that day deserves to be quoted in full.<o:p></o:p>"Plaintiffs-Represented by Mrs.
Beryl Prah.<o:p></o:p>Defendant - No Representation Prof.
Ekow Daniels for plaintiffs - present with E.A.Osew and Bruce Thompson.<o:p></o:p>Mr. NORVOR (Arrived) - I have
instructions from Defendant to submit to judgment in respect of relief (1).<o:p></o:p>On interest payment, I am instructed
to seek for a settlement with Plaintiffs counsel. We are yet to meet."<o:p></o:p>BY COURT:<o:p></o:p>Suit
is adjourned to 1/3/99 for court (sic) to be announced".<o:p></o:p>