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ANDREWS KOTEY & ORS v. GHANA TEXTILES PRINTING CO. LTD.

2012

COURT OF APPEAL

GHANA

Areas of Law

  • Employment Law
  • Corporate Law
  • Constitutional Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

Victor Ofoe, J.A., writing for the Court of Appeal of Ghana, considered GTP’s appeal from a High Court judgment awarding monetary entitlements to former employees declared surplus in 1989 under the prevailing Collective Bargaining Agreement. The court criticized systemic delays and registry errors that caused the suit to be struck out unnoticed in 2000 and later relisted. Addressing GTP’s reliance on the PNDC indemnity clause (1992 Constitution, s 34(3)), the court held plaintiffs were not challenging executive action; they sought enforcement of payments ordered by Brigadier Tehn Addy, a PNDC-appointed Acting Managing Director. It affirmed that Addy’s acts bound the company under Act 179 and were impliedly ratified by subsequent management. The court upheld relisting, placed the burden on GTP to prove payment, allowed reliance on a duplicate and unstamped collective agreement in light of Courts Act s 109, and sustained the trial court’s interest award. The appeal was dismissed; two judges concurred.

JUDGMENT