DOUGLAS NYARKO vs. EAST CANTONMENTS PHARMACY LTD. [2019]DLHC10207

Date	2019-07-03
Suit No.	SUIT NO. IL/0016/17
Citation No.	[2019]DLHC10207

HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS).

MR ROBERT EKOR DASSAH WITH MRS JOANA DEEGBE

COUNSEL FOR THE PLAINTIFF/RESPONDENT PRESENT

NANA YAW NTRAKWAH WITH DAISY BOSOMPRA HOLDING BRIEF FOR ABENA

NTRAKWAH-MENSAH COUNSEL FOR THE DEFENDANT/APPLICANT PRESENT

[2019]DLHC10207
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													<main id="main" class="content" style="min-height: 60rem" >DOUGLAS NYARKO<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>EAST CANTONMENTS PHARMACY LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL:<o:p></o:p>MR ROBERT EKOR DASSAH WITH MRS JOANA DEEGBE, COUNSEL FOR
THE PLAINTIFF/RESPONDENT PRESENT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

NANA YAW NTRAKWAH WITH DAISY
BOSOMPRA HOLDING BRIEF FOR ABENA NTRAKWAH-MENSAH, COUNSEL FOR THE
DEFENDANT/APPLICANT PRESENT<o:p></o:p>

HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS).<o:p></o:p>

</div>&nbsp;MOTION ON NOTICE TO SET ASIDE ENTRY OF
JUDGMENT<o:p></o:p>RULING<o:p></o:p>This
application is a request by the defendant/applicant to this Court to set aside
the entry of judgment filed by the plaintiff/respondent on 15th March,
2019 because the said entry of judgment does not reflect the true intent and
purpose of the judgment of this Court delivered on 1st March, 2019.<o:p></o:p>It
is the assertion of the defendant that it is wrong for the plaintiff to seek to
recover from the defendant an amount of GH₵948.46
as the monthly salary of the plaintiff for the period of 4 years amounting to
GH₵45,526.08 when the plaintiff
is well aware that he was on a monthly salary of GH₵450.00
and not GH₵948.46 at the time he
was in the employment of the defendant.<o:p></o:p>It
is also the defendant’s assertion that the amount of GH₵948.46
that was used by the plaintiff in calculating the entry of judgment represents
the plaintiff’s salary for the month of November 2015 and that it is made up of
plaintiff’s monthly salary of GH₵450.00
and other benefits paid to the plaintiff in lieu of the one month notice for
the termination of the plaintiff’s appointment.<o:p></o:p>The
plaintiff/respondent was opposed to this application, saying that the amount of
GH₵948.46 which is stated on
Exhibit ‘SK 3’ was his terminal salary at the time his appointment was
unlawfully terminated by the defendant/applicant. The plaintiff claims that
there is nothing in Exhibit ‘SK 3’ which shows that the amount of GH₵535.00
stated therein was the ‘salary in lieu of notice’ which the defendant paid to
him. <o:p></o:p>The
plaintiff continued to say that the request of the defendant/applicant is only
an attempt to unlawfully review the judgment of the Court and that same should
not be allowed by the Court and as such the application of the defendant should
be refused with punitive cost.<o:p></o:p>The
Court has considered the affidavit evidence of both parties and also the
submissions of both Counsel and furthermore the Court has also looked at the
relevant portion of the judgment of my predecessor, Laurenda Owusu J. which
states as follows:-<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; “The
Court hereby awards four (4) years’ salary (based on how much the &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; plaintiff was being paid a month at
the time of the termination of his &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; employment)
as compensation to plaintiff for the unfair termination of his &nbsp;&nbsp;&nbsp; employment”.<o:p></o:p>The
Court respectfully agrees with the submission of Counsel for the defendant that
the correct figure to be used in the calculation of the entry of judgment is
the amount of GH₵450.00
which the plaintiff himself acknowledges as his salary per month as at the time
he was working for the defendant. Paragraph 19 of the plaintiff/respondent’s
own Witness Statement filed on 30th October, 20</main>