J.W.K. ASIGBEE & 22 OTHER PLAINTIFFS PLAINTIFFS vs. THE ATTORNEY GENERAL, AVEYIME CATTLE RANCH LIMITED DEFENDANTS AND MINISTRY OF FOOD & AGRICULTURE [2017]DLHC3961

J.W.K. ASIGBEE & 22 OTHER PLAINTIFFS PLAINTIFFS vs. THE ATTORNEY GENERAL, AVEYIM... [2017]DLHC3961

Date	2017-09-19
Suit No.	SUIT NO: AC 789/2015
Citation No.	[2017]DLHC3961

JUSTICE KWEKU T. ACKAAH-BOAFO

MR. BRIGHT OKYERE ADJEKUM FOR THE PLAINTIFFS

MS. IVY VANDERPUIJE (SENIOR STATE ATTORNEY) FOR THE 1ST &3RD DEFENDANTS 2ND DEFENDANT

[2017]DLHC3961
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													<main id="main" class="content" style="min-height: 60rem" >J.W.K. ASIGBEE &amp; 22
OTHER PLAINTIFFS PLAINTIFFS<o:p></o:p>vs.<o:p></o:p>THE ATTORNEY GENERAL,
AVEYIME CATTLE RANCH LIMITED DEFENDANTS AND MINISTRY OF FOOD &amp; AGRICULTURE<o:p></o:p>[HIGH
COURT (GENERAL JURISDICTION DIVISION, COURT 6) ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO: AC 789/2015&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: 19TH SEPTEMBER
2017.<o:p></o:p>

MS.
IVY VANDERPUIJE (SENIOR STATE ATTORNEY) FOR THE 1ST &amp;3RD DEFENDANTS 2ND
DEFENDANT <o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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</div>i. Introduction: <o:p></o:p>[1] The Plaintiffs who
are twenty three in number were all employees of the 2nd Defendant Company,
Aveyime Cattle Ranch Limited. They were employed at different times and
occupied different positions at different departments until they were
terminated in or about 2014. <o:p></o:p>[2] The aggregate
plaint of the Plaintiffs is that they are entitled to Ex Gratia/severance
awards which are to be calculated on the basis of either two or three months’
salary where appropriate by the number of years of service. They therefore
contend that they are owed ex gratia/severance packages in amount of over One
Million Ghana Cedis. <o:p></o:p>[3] It is also their
case that the Defendants short-changed them by using incorrect salary levels to
calculate their salary arrears for the period from January 2012 to June 2014.
According to the Plaintiffs as a result of the incorrect salary levels used by
the 3rd Defendant what they received was less than what was due them. Each
Plaintiff particularized the number of years worked, what they were paid and the
difference of what they believe they are entitled to. They are also claiming
interests on both the ex gratia and the salary payments. <o:p></o:p>ii. The Action <o:p></o:p>[4] The Plaintiffs
instituted the instant action on July 31, 2015 claiming from the Defendants per
their Writ of Summons the following reliefs: <o:p></o:p>a.
Recovery of the sum of GH¢1,085,747.10 being the ex-gratia/severance package
due Plaintiffs <o:p></o:p>b.
Interest on said GH¢1,085,747.10 at the prevailing Bank rate from 1st July,
2014 till date of final payment <o:p></o:p>c.
Recovery of the sum of GH¢86,993.69 being short fall in salary arrears due the
1st to 8th and 16th to 32nd Plaintiffs.&nbsp; <o:p></o:p>d.
Interest on said GH¢86,993.69 from 1st July, 2014 till date of final payment. <o:p></o:p>&nbsp;iii. The Plaintiffs’ Case <o:p></o:p>[5] The case of the Plaintiffs
as encapsulated in the Statement of Claim is that they are former employees of
the Aveyime Cattle Ranch Limited established in 1973 by the Government of Italy
as a Joint Venture between the Italian Government and the Volta Regional
Development Corporation of Ghana, a State agency. The core mandate and primary
object was the undertaking of large scale livestock farming, processing of meat
for local and external markets and training of local personnel engaged in
livestock farming. It is no longer in operation. According to the <o:p></o:p>Plaintiffs
the 3rd Defendant is the Ministry responsible for the 2nd Defendant and has
taken over the management and control of the 2nd Defendant. <o:p></o:p>[6] It is the case of
the Plaintiffs per the evidence that in 1988, there was a change of ownership
when the European Economic Community became the European Union (EU). According
to the Plaintiffs as a result of the change, the EU took over the running of
the 2nd Defendant on behalf of the Government of Ghana but in 1990, the EU handed
the ranch over to the Government of Ghana and the Italians left. That change,
according to the Plaintiffs resulted in the reconstitution of the Management
team and the Ministry of Finance and Economic Planning (MFEP) was given
oversight responsibility of the 2nd Defendant. The Plaintiffs’ further say at
the request of the 3rd Defendant in or about February 2010 it took full
responsibility of the 2nd Defendant from the MFEP. Further, the Plaintiffs
contend that the 3rd Defendant in or about June 2014 sold off the Ranch to some
private investors and terminated their appointments. The Plaintiffs say some of
them had earlier in time proceeded on retirement. <o:p></o:p>[7] The Plaintiffs’
indicated their respective dates of appointment and ranks as follows: <o:p></o:p><table class="MsoTableGrid" border="1" cellspacing="0" cellpadding="0" style="border: none;">
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