BENJAMIN DUFFOUR v. BANK OF GHANA

KUSI-APPIAH, J.A.: The plaintiff/appellant, hereinafter called the plaintiff, was in the employment of the defendant/respondent Bank, hereinafter called the Bank as a Deputy Manager, until the 7th of March, 2014, when he was summarily dismissed by a letter from the Bank for gross misconduct.

The plaintiff’s case as contained in his amended writ and statement of claim is that by virtue of his employment and in line with the conditions of service of Senior Staff of the Bank, he was granted a licence to reside in the Bank’s apartment at H/No.

Flat 3, Block F, situate at East Cantonments, Accra.

He contends that his residence in the said flat was governed by a licence agreement between himself and the Bank.

On or about 25th June, 2011, the Bank wrote a letter to inform all occupants of the apartment to vacate the building and relocate to Adenta and Mataheko in Accra.

The purpose of the said relocation was to enable the Bank redevelop the facility into a specialist hospital for staff and the general public.

The whole matter arose when all staff residing in the apartment relocated with the exception of the plaintiff who refused to relocate on the ground that he had a valid and subsisting licence agreement to stay in the property as his licence agreement had not expired.

According to the plaintiff, as a result of his refusal to heed the unlawful attempts of the Bank in relocating him, the Bank imposed certain sanctions on him (namely; forfeiture of his annual bonus, frozen promotion for one year and loss of annual salary increment for 2014), which sanctions were unlawful and also summarily dismissed him.

The plaintiff therefore instituted an action at the High Court and claimed these reliefs: “a. A declaration that the conduct of defendant bank is in breach of the licence agreement between it and plaintiff.

b. A declaration that the defendant Bank has acted in breach of the Senior Staff Rules and Conditions of Service.

c. A declaration that the sanctions imposed on the plaintiff is unlawful, illegal and ultra vires.

i. A declaration that the ejectment of plaintiff was unlawful and wrongful.

ii.

A declaration that the dismissal of plaintiff by defendant Bank is wrongful, unlawful, ultra vires and unconstitutional and therefore null and void.

iii.

An order setting aside the dismissal of plaintiff and re-instating the plaintiff with all his benefit, position, emolument, or any conditions that goes with his position.

d. An order setting aside the sanc