AGNES YARBOI vs. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE PER THE DISTRICT DIRECTOR, AKIM ODA. [2016]DLCA4433

AGNES YARBOI vs. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE PER THE... [2016]DLCA4433

Date	2016-02-10
Suit No.	CIVIL APPEAL NO: H1/164/2012
Citation No.	[2016]DLCA4433

DENNIS DOMINIC ADJEI J.A. (PRESIDING)

CECILIA H. SOWAH J.A.

L. L. MENSAH J.A.

[2016]DLCA4433
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													<main id="main" class="content" style="min-height: 60rem" ><o:p>&nbsp;</o:p>AGNES YARBOI<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>COMMISSION ON HUMAN
RIGHTS AND ADMINISTRATIVE JUSTICE PER THE DISTRICT DIRECTOR, AKIM ODA.<o:p></o:p>&nbsp;(DEFENDANT/RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, KOFORIDUA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL NO:&nbsp; H1/164/2012&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:
10TH FEBRUARY, 2016<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;
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DENNIS
DOMINIC ADJEI J.A. (PRESIDING), CECILIA H. SOWAH J.A., L. L. MENSAH J.A.<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;
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JUDGMENT<o:p></o:p>

</div>L.
L. MENSAH, J.A.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This is an appeal launched by the
Plaintiff/Appellant who will hereinafter be referred to as the Plaintiff
against the judgment of the High Court, Koforidua in favour of Defendant on 29th
September, 2008.&nbsp; Defendant/Respondent is
hereinafter referred to as the Defendant.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The facts which begot this appeal
are as follows:-&nbsp; The Plaintiff until 21st
September 2001 was a typist at Akim Oda District Office of the Defendant
institution which is headed by a District Director.<o:p></o:p>The case of the Plaintiff is that while
at CHRAJ Akim Swedru as a worker, she went to His Honour Judge Koomson, the
then Circuit Court Judge at Akim Swedru.&nbsp;
She went to the judge to plead with him to collect an amount of money
which her brother paid for a car he bought since it was not a good car.&nbsp; When she went she did not offer any bribe to
the judge.<o:p></o:p>She was put on interdiction and later a
Committee was formed to go into the matter concerning His Honour Judge
Koomson.&nbsp; She was not asked to confront
the judge.<o:p></o:p>On allegation of insubordination,
habitual late coming to work etc, Plaintiff denied all this.&nbsp; Plaintiff said the committee’s work, her
dismissal and all the procedure adopted to investigate her were wrong.<o:p></o:p>In reaction, the Defendant completely
denied the claim of the Plaintiff.&nbsp; The Defendant
alleged that the Plaintiff as a worker of its institution had been flouting the
basic code of conduct with persistence.&nbsp;
A number of queries were given to the Plaintiff at different times, but
she persisted in flouting the code.&nbsp;
Among the allegations of impropriety was an attempt by the Plaintiff to
influence the then Circuit Court Judge, His Honour Judge Koomson with financial
inducement in a case before the judge.&nbsp;
The judge in open court expressed his disapproval of Plaintiff’s
conduct.&nbsp; This brought embarrassment to
the Defendant institution as alleged by Defendant.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Apart from the above, it was alleged
that the Plaintiff had turned herself into a habitual late-comer to work.&nbsp; Inspite of series of queries to her to come
to work on time, Plaintiff persisted.&nbsp;
And despite the fact that Plaintiff’s house was few hundred metres from
the District Office of the Defendant, the Plaintiff failed to report to work on
time.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Further, the Defendant was alleged
to be in the habit of fighting and quarelling with one staff after
another.&nbsp; This is accompanied by invoking
of supernatural forces against her perceived enemies at the office.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Plaintiff also allegedly refused
to obey simple instructions from her superior, the District Director.&nbsp; As a result of these series of
insubordination, a disciplinary committee was set up by the Eastern Regional
Director of the Defendant.&nbsp; This was
after the Plaintiff was interdicted. By a letter dated 21st
September, 2001 and signed by the Commissioner himself for the Defendant, the
Plaintiff was dismissed based on the report and finding of the disciplinary
committee.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Dissatisfied with the dis</main>