GROUP CAPT. GYIMAH-KWAKYE RTD v. THE ATTORNEY GENERAL & NATIONAL SPORTS AUTHORITY

J U D G M E N T

HENRY KWOFIE JA:

This present appeal has been launched by the plaintiff/appellant against the judgment of the High Court Accra (Industrial and Labour Division) dated the 21st of May 2018. The High Court in that judgment dismissed the plaintiff/appellant’s claim. Dissatisfied with the said judgment, the plaintiff launched the instant appeal on the 22nd of June 2018 on the following grounds:

a) The judgment is against the weight of the evidence

b) The learned trial judge erred when she held that the plaintiff had failed to prove his case for the payment of his emoluments for service rendered to the 2nd defendant.

c) Further and/or additional grounds to be filed upon receipt of the record of appeal.

The reliefs sought from the Court of Appeal is that the judgment be set aside and the plaintiff’s claims granted.

It is noted for the record that no additional ground of appeal was filed by the plaintiff/appellant. In this judgment the parties will be referred to by their descriptions at the court below.

Before dealing with the arguments advanced in support and against the appeal, I will give a brief background of the case. By an amended writ of summons filed on the 6th of May 2016, the plaintiff claimed against the defendants jointly and severally as follows:

1. An order directed at defendants to compute and pay plaintiff all his outstanding salaries and allowances from June 2011 up to August 2015 at the rank of a Group Captain of Ghana Armed Forces within 30 days of the Order

2. Damages for wrongful termination.

The case of the plaintiff is that he is a retired officer of the Ghana Armed Forces and until August 2015 was the Security Coordinator of the 2nd defendant the National Sports Authority. The plaintiff at the request of the 2nd defendant was initially seconded from the Ghana Armed Forces through the National Security Council to the 2nd defendant as Security Coordinator from March 2010 up to the conclusion of his termmial leave from the Ghana Armed Forces in May 2011 Plaintiff’s emoluments during this period was the responsibility of the Ghana Armed Forces. It is the case of the plaintiff that upon the conclusion of his terminal leave and his exit from the Ghana Armed Forces, the 2nd defendant retained him at post. Plaintiff says he completed the relevant documentation at the National Security Council which to date has in its custody all the said documentation, supposedly for security reasons in keeping with its own protocols. Fr