BOMBAAR YAARI vs THE ATTORNEY GENERAL & MINISTER OF JUSTICE & ATTORNEY GENERAL & ANOR
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOYCE BOAHEN
Areas of Law
- Employment Law
- Constitutional Law
- Administrative Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff, a teacher, was prematurely retired by GES based on an incorrect date of birth (1959 instead of 1968). The court found the error to be on GES's part and ordered Plaintiff's reinstatement with back pay and compensation. Plaintiff's actual date of birth is confirmed as 26th March, 1968, necessitating his retirement in 2028, not 2019. The ruling emphasized the correct application of administrative discretion and the importance of adhering to proper age records for retirement.
COMPULSORY RETIREMENT OF PLAINTIFF BEFORE ATTAINING SIXTY (60)YEARS PLAINTIFF’S CLAIMS
The Plaintiff’s claims against the Defendants jointly and severally per his writ of summons filed on 15th June, 2021 are for; a. A declaration that, the termination of the employment of the Plaintiff by retiring him prior to his statutory age is unlawful.
b. A declaration that the decision of the Ghana Education Service (G. E. S) to compulsory (sic) retire the Plaintiff nine (9) years prior to his statutory retirement age is unlawful.
c. An order of the Court directed at the G. E. S to re-instate the Plaintiff and pay all his outstanding salaries, entitlements and or his benefits.
d. Monetary compensation to the Plaintiff for the unlawful termination of his employment by compulsory (sic) retiring him prior to his statutory retirement age.
Before mounting this action against the Defendants, the Plaintiff caused his lawyer to write to the Defendants about his intention to mount this action pursuant to the State Proceedings Act, 1998 (Act 555) per exhibit “M” Statutory Notice of Intention to Commence Suit against the Ghana Education Service under Section 10 of the State Proceedings Act, 1998 (Act 555). THE PLAINTIFF’S CASE The Plaintiff’s Writ of Summons, Statement of Claim, Reply, Witness Statement and Cross-Examination was essentially merged.
The Plaintiff’s case is that he is a teacher by profession.
The 2nd Defendant is a government institution mandated to provide quality formal education to all children of school going age in Ghana.
The Plaintiff gave his date of birth as 26th March, 1968 born at Tanchara in the Lawra District of the Upper West Region of the Republic of Ghana.
Neither birth certificate nor baptismal certificate was obtained at his birth because he came from a pagan home and his parents were not formally educated.
He obtained his basic education at Tanchara Primary and Middle Schools from 1974 to 1984 per exhibit “H” a Letter dated 15th June, 2020 from Tanchara –Kunyukuo M. A Primary School, signed by Buunaaim John Vianey, Headteacher.
He was admitted to Sunyani Technical Institute and completed in the year 1989. In 1991 he was admitted to Nusrat Jahan Ahmadiyya Training College in Wa and he successfully obtained his professional Certificate “A”, a four year course from 1991 to1994 per exhibit ‘H1”, a letter dated 17th June, 2020 from Nusrat Jahan Ahmadiyya College of Education, Wa, letter of attestation Mr. Bombaar Yaari which confirms the P