THE REPUBLIC vs. THE COURT OF APPEAL EX-PARTE GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION (HEREIN AFTER CALLED THE APPLICANT) FOR AN ORDER OF CERTIORARI AND MANDAMUS [2002]DLSC6763

THE REPUBLIC vs. THE COURT OF APPEAL EX-PARTE GHANA COMMERCIAL BANK PENSIONERS... [2002]DLSC6763

Date	2002-05-29
Suit No.	SUIT NO CM10/2002
Citation No.	[2002]DLSC6763

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]DLSC6763
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>THE COURT OF APPEAL<o:p></o:p>(RESPONDENT)<o:p></o:p>EX-PARTE GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION (HEREIN
AFTER CALLED THE APPLICANT) FOR AN ORDER OF CERTIORARI AND MANDAMUS<o:p></o:p>(INTERESTED PARTY.)<o:p></o:p><o:p>&nbsp;</o:p>[SUPREME
COURT, ACCRA]<o:p></o:p><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</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:&nbsp;&nbsp;&nbsp; <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">

MRS. J BAMFORD-ADDO J.S.C, KPEGAH
J.S.C, ADJABENG J.S.C, ATUGUBA J.S.C, AFREH J.S.C<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

RULING<o:p></o:p>

</div>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><o:p>&nbsp;</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 the following reliefs: <o:p></o:p>1. 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. Arrears of pension due Plaintiffs with
interest at current bank rate with effect from 1st July 1987; <o:p></o:p>