ISAAC KWAME MAWUTOR & ANOR VS STANDARD CHARTERED BANK GHANA
2024
COURT OF APPEAL
GHANA
CORAM
- BARTELS-KODWO, J.A. (PRESIDING)
- ARYENE, J.A.
- ANKAMAH, J.A.
Areas of Law
- Contract Law
- Employment Law
- Civil Procedure
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involved an appeal against a High Court decision regarding whether an agreement on a redundancy package had been reached between the Appellant and the Respondent. The High Court initially ruled in favor of the Respondent, but the Appellant argued that no final agreement had been executed due to a cancelled signature. The appellate court found that no enforceable agreement existed as the prescribed terms were not met, and the Appellant did not execute the agreement properly. The appeal was thus dismissed.
BARTELS-KODWO J.A.
INTRODUCTION
This is an appeal against the judgement of the High Court dated 23rd September 2021.
BACKGROUND
The Plaintiff/Appellant (hereinafter called the ‘Appellant’) was employed by the Defendant/Respondent (hereinafter, ‘the Respondent’) in 1990, following which the Appellant rose through the ranks to become a Director at the Respondent bank. In January 2019, the Respondent bank informed the Appellant that his role was at risk of being made redundant. On February 28, 2019, the Respondent bank wrote formally to the Appellant to inform him that his position was being made redundant and offered him a redundancy package. Attached to that notice of redundancy was Appendix 1 - a Statement of the Final Redundancy payment to be made to the Appellant which can be found on page 7 of the notice of redundancy.
After signing the signature page on page 6, the Appellant scrutinized the Appendix on page 7. He then purported to resile from the agreement he had just signed by cancelling or striking out his signature on page 6 and adding a note to the effect that his signature is cancelled and that the document is void and of no legal effect. Following this, no further negotiations took place between the Appellant and the Respondent bank before this action was commenced.
By a writ of summons and statement of claim filed on the 12th of June 2019, the Appellant herein brought the instant action against the Respondent, seeking the following reliefs;
1. An order for Defendant to pay the Plaintiff two months’ salary for each year served or worked capped at 57 months amounting to GHS 969,171.00.
2. An order for Defendant to pay to Plaintiff his bonus for the year ended 2018 amounting to GH¢ 50,000.00
3. An order for Defendant to comply with its offer to Plaintiff by paying what is stated in Paragraph (6) ii-x (of its statement of claim)
4. Further or other reliefs that this Honourable Court may deem fit.
Following trial, the Honourable High Court decided in favour of the Respondent. The High Court held in part as follows:
“The Court therefore makes the following orders:
1. Plaintiff fails on relief (i)
2. Plaintiff again fails on relief (ii) but is to be paid an amount of GH¢ 25,000 as his variable compensation for year 2018 with interest at the prevailing commercial bank rate from the due date till date of final payment.
3. Relief (iii) is to be paid as part of agreement so reached by the Parties which should include item (1) since th