FAUSTINA NDUR VS THE CONTROLLER AND ACCOUNTANT GENERAL & OR

On 13th February 2020 the Plaintiff took out a Writ of Summons against the three Defendants for the following reliefs: a. An order directed at the parties to go into account.

b. An order against the Defendants to pay to the Plaintiff all arrears due her.

c. An order against the Defendants to pay to the Plaintiff interest on the arrears from the date it became due to the date of final payment d. Any other relief that the Court may deem just, proper and convenient to order in particular, costs including legal expenses. ”In a nutshell the Plaintiff’s case is that she is a beneficiary of her late husband Sergeant Gregory Akpewara’s pension who until his demise was a serving police officer.

Subsequent to his death in 2001 she started receiving the pension entitlements of her late husband.

From 2003 to August 2018 she was receiving an average amount of about Fifty Eight Cedis Seventy Five Pesewas (GHS 58. 75) per month.

To her dismay in February 2018 she got to know that she was actually entitled to be paid more than the GHS 58. 75 which she was receiving instead.

She therefore lodged a complaint about the irregularity with the Ghana Police Service headed by the 3rd Defendant.

Subsequent to her complaint the Director of The Ghana Police Service sent a letter dated 13th February 2018 to the Controller and Accountant General’s Department headed by the 1st Defendant entreating them to place her on the correct scale of payment and also to pay all arrears due her.

In September 2018 she received an amount of Eight Hundred Ghana Cedis (GHS 800) as the pension entitlement for the month.

She enquired about this payment and got to know that that was the amount she was actually entitled to be paid by the 1st Defendant institution.

Upon knowing that she has been placed on the correct scale of payment she approached officers of the 1st Defendant institution about the arrears due her since same had not been paid.

She says that she has made a series of demands on the 1st Defendant institution to pay her the arrears but efforts made by her in that regard have been unsuccessful.

In the Statement of Defence the Defendants aver that in 2003 the Plaintiff was added to the pool of beneficiaries of CAP 30 Office Holders who had died in the course of their duty and she began to receive her monthly entitlements like all other beneficiaries after she had been paid the death gratuity due her.

In answer to the Plaintiff’s Claim that she was actually entitled to be paid more t