ALEX NSIAH & 88 OTHERS v. GHANA COMMERCIAL BANK
2015
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, JA (PRESIDING)
- GYAESAYOR, JA
- C. SOWAH, JA
Areas of Law
- Pension Law
- Contract Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiffs sought payment of pension under a special pension scheme, but the High Court's ruling in their favor was overturned by the Supreme Court. The Supreme Court found that the plaintiffs' cause of action was statute-barred and that those who did not retire by 18th December 1990 were not entitled to benefit from the scheme.
GYAESAYOR, JA
The plaintiff numbering 88 in this appeal in their writ filed in the High court sought the following relief:
a. A declaration that they are entitled to the payment of pension under the defendant’s special pension scheme established on 1st October, 1976.
b. Recovery from the defendant of the plaintiffs’’ pension entitlement as per the special pension scheme as amended.
c. Interest on (b) above at the prevailing bank rate from the date of each plaintiff’s leaving the defendant’s employment up to the date of payment.
d. Costs of these proceedings including lawyer’s costs.
After a full trial, the High court on the 26th May, 2011 entered judgment in favour of the plaintiff and ordered the defendant to pay to the plaintiff pension under the pension scheme established on 1st October 1976 together with interests.
The defendant bank who is now appellant in this appeal not satisfied with the decision of the High Court took out this appeal to contest the decision of the High Court.
The notice of appeal is found at page 149-151 of the record of appeal (ROA). The appeal is against the decision of the High Court on the following grounds particularly these set out in paragraph 3 of the notice of appeal:
1. The finding by the court below that defendant/appellant had not terminated its Special Pension Scheme or that the termination of the Special Pension Scheme by the defendant/appellant had no legal effect.
2. The finding by the court below that plaintiffs/respondents’ suit was not statute barred.
3. The finding by the court below that by reason of the payments made by defendant/appellant to some of plaintiffs/respondents in the year 2003 there were ongoing negotiations between defendant/appellant and plaintiffs/respondents for which reason time did not run against their (plaintiffs/respondents’) cause of action.
4. The finding by the court below that plaintiffs/respondents had successfully proved that the Ghana Commercial Bank Special Pension Scheme formed part of the terms and conditions of their employment with defendant/appellants.
5. The finding by the court below that under section 24 of the Social Security Decree, 1972 (NRCD 127) the Ghana Commercial Bank Special Pension Scheme could only be terminated with the prior approval of Commissioner.
The facts of the case are that the plaintiff/respondent were employees of the defendant/appellant bank. Sometime in 1976, the appellant bank established what was a special person scheme to assi