BR. PETER MATE SIAKWA vs. UNIVERSITY FOR DEVELOPMENT STUDIES (UDS) TAMALE [2010]DLCA3078

Date	2010-04-30
Suit No.	APPEAL NO. HI/3/08
Citation No.	[2010]DLCA3078

MARIAMA OWUSU JA [PRESIDING]

FRANCIS KORBIEH JA

IRENE C DANQUAH JA

[2010]DLCA3078
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >BR. PETER MATE SIAKWA<o:p></o:p>vs.<o:p></o:p>UNIVERSITY FOR DEVELOPMENT STUDIES (UDS)
TAMALE<o:p></o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p><o:p>&nbsp;</o:p>APPEAL NO. HI/3/08&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
30TH APRIL, 2010<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">COUNSEL:<o:p></o:p>

</div>CORAM:<o:p></o:p>MARIAMA OWUSU JA [PRESIDING], FRANCIS KORBIEH JA,
IRENE C DANQUAH JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGEMENT<o:p></o:p>

</div>IRENE C DANQUAH J A<o:p></o:p>By
a letter dated 3rd January, 1997, the plaintiff (appellant), a
Clinical Microbiologist, was offered employment as a lecturer in the Department
of Microbiology, School of Medicine and Health Sciences, University for
Development Studies (Respondent) in Tamale.<o:p></o:p>The
appointment was for an initial period of two years from the date of assumption
of duty within which period the appellant would be on probation. On
satisfactory completion of the probation, the appointment was to continue to
September 30, 2003 and thereafter renewable one academic year before the
expiration of the tenure. <o:p></o:p>The
appellant could terminate the appointment by giving the Vice-Chancellor notice
on or before the end of December to take effect at the end of September of the
following year. In the letter under reference, it was stated that the
appointment was full time and any additional occupation or employment might be
accepted only with the prior written permission of the Vice-Chancellor.<o:p></o:p>On
18th January, 2005, the appellant, as the Head of Department of
Anatomy (HOD Anatomy) wrote an Internal Memorandum to the Vice-Chancellor
through the Acting Dean. The subject matter of the memorandum was “Annual
Leave.” Attached to the memorandum was a Leave Application form for Senior
Members of the respondent, in which the appellant indicated that the Leave
being applied for would commence on 1st March, 2005 and end on 30th
May, 2005. The Leave Application form was signed by the appellant on 12th
January, 2005.<o:p></o:p>Then
on 29th April, 2005, the respondent wrote to the appellant that his
name had been deleted from the payroll because its attention had been drawn to
the fact that the appellant had taken an appointment elsewhere. On the same
day, the appellant wrote his response. <o:p></o:p>Thereafter,
there were series of exchanges of correspondence between the appellant and the
respondent.<o:p></o:p>Eventually
on 11th October, 2005, the respondent wrote to the appellant terminating
his appointment. After further exchanges of correspondence between the
appellant and the respondent, the appellant, not happy with the stance taken by
the respondent, issued a Writ of Summons against the respondent claiming the
following reliefs:<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; “1.
General Damages for unlawful termination of appointment.<o:p></o:p>2.
Recovery of a sum of two hundred and fifty-four million, one hundred and
thirteen thousand eight hundred and twelve cedis seventy-three pesewas
(¢254,113,812.73) being salaries, allowances, and other benefits and
entitlements due to plaintiffs as at the time of termination of his appointment
on the 11-10-2005.<o:p></o:p>(a)
Interest on this amount from the date due to date of payment.<o:p></o:p>3.
Recovery of accrued and prospective benefits of plaintiffs under the Ghana
University Staff Superannuation Scheme (GUSSS).<o:p></o:p>4. Any
further or other reliefs deemed fair and just under the circumstances.”<o:p></o:p>The
facts gathered from the appellant’s statement of claim are that although the
appellant was entitled to enjoy 62 consecutive days off duty as leave in every
year, he was persuaded to defer his leave for 7 years by the respondent.&nbsp; Some of the reasons for the deferment were
due to lack of competent replacement of staff and the peculiar nature of the
Department headed by the appellant. The appellant contended that under the
conditions of service, he was entitled to receive full payment for his annual
leave. He proceeded on leave for 62 days having applied on 18th
January 2005 to commence his leave from 1st March 2005 and end on 30th
May 2005 and same having been granted by the respondent. &nbsp;It was whilst on his leave that the respondent
through the Acting Registrar wrote a letter informing him that his name had
been deleted form the payroll because the respondent alleged that its attention
had been drawn to the fact that he had taken on appointment elsewhere and
</main>