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GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION v. GHANA COMMERCIAL BANK NO 4

2004

COURT OF APPEAL

GHANA

CORAM

  • Omari-Sasu, J.A. [Presiding]
  • Anim, J.A.
  • Kusi-Appouh, (Mrs.) J

Areas of Law

  • Civil Procedure
  • Employment Law

AI Generated Summary

Omari-Sasu, J.A. delivered reasons for an earlier unanimous Ghana Court of Appeal order striking out the Notice of Appeal filed by the Respondents Bank on December 17, 2003, which followed a review ruling of November 27, 2003. The bank’s first ground challenged the Court’s treatment of an alleged internal mechanism governing employee retirement, but the Applicants’ supplementary affidavit and the bank’s pleadings showed no such mechanism had been pleaded in the High Court. Applying Order 19 Rule 4 and citing Gwira v. State Insurance Corporation, the Court found the internal mechanism argument an afterthought and precluded after the bank submitted to judgment. The second ground claimed that a nine‑month delay required special leave for review, but under Rule 34 of C.I. 19 only exceptional circumstances and the interests of justice are required, with no time bar. The Court held the grounds unmeritorious, struck out the notice, and awarded ¢30 million costs.