GBEVE SAMUEL & ANOTHER v. NATIONAL PENSIONERS ASSOCIATION (SSNIT)

In the High Court, Ho, Justice N. C. A. Agbevor (Justice of the Appeal Court) ruled on a motion challenging the capacity and forum of a suit brought by SSNIT pensioners Gbeve Samuel and Olas Anthony Abusa against the National Pensioners Association and SSNIT. The pensioners sought to stop and recoup monthly GH¢4.00 deductions made by SSNIT since 2013 to fund a National Pensioners Association Pensions Medical Scheme, asserting they had authorized only GH¢1.00 and were already covered under the National Health Insurance Scheme. SSNIT admitted the GH¢4.00 deduction as “additional dues” for the scheme. Addressing forum first, the Court interpreted Order 3 Rule 1(5) of C.I. 47 to avoid absurdity and held the case properly filed in Ho because the defendants carry on business in the Volta Region. Turning to capacity, the Court held the plaintiffs’ power of attorney was defective under Act 549 for lack of donor signature and witness attestation, leaving them without capacity to litigate on behalf of the Adidome SSNIT Pensioners Association. Consequently, the writ was not properly before the Court and the action was struck out.