JACKSON K. ANKOMAH & ORS v. THE PRESIDENT,ALL NATION UNIVERSITY
2016
COURT OF APPEAL
GHANA
CORAM
- ADJEI,J.A
- SOWAH,J.A
- MENSAH,J.A
Areas of Law
- Employment Law
- Evidence Law
- Constitutional Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiffs, former employees of All Nations University, appealed the High Court's decision that dismissed their claims of unlawful dismissal and false imprisonment. The Plaintiffs argued that they were wrongfully dismissed, unlawfully arrested, and falsely imprisoned by the University. They contended that their failure to respond to a query letter from the Defendant within the specified timeframe was unjustly used against them. The High Court found in favor of the Defendant, concluding that the Plaintiffs failed to prove their claims by the preponderance of probabilities. The Court of Appeal upheld the High Court's decision, emphasizing the legal principles of proof in civil matters, the flexibility of natural justice standards, and the importance of following prescribed legal procedures. The appeal was dismissed, affirming the High Court's judgment.
ADJEI,J.A:
On 24th April, 2015 the High Court Koforidua dismissed the Plaintiffs' claims which sought to declare their dismissal as unlawful and damages for wrongful dismissal, unlawful arrest and detention and false imprisonment. The Plaintiffs dissatisfied with the said decision of the trial High Court appealed against same to this Court on 17th June, 2015. The parties in this appeal will maintain their respective designations before the trial High Court. Therefore, for ease of reference the Plaintiffs/Appellants will be referred to in this appeal as Plaintiffs and the Defendant /Respondent as Defendant.
The Plaintiffs who were employees of the All Nations University were dismissed summarily on 4th June, 2010 by dismissal letters addressed to each Plaintiff and signed by the President of the University. Prior to the Plaintiffs dismissal there was a meeting held at the university in which the Plaintiffs who were employed as accounts officers were alleged to have conducted their duties and responsibilities without diligence. At the said meeting, the Plaintiffs alleged that they were falsely imprisoned in an office by the Defendant under the guard of his personal assistant known as Adriana Ion. The Plaintiffs averred that during the period of detention on the instructions of the Defendant, they were not allowed to talk, do anything including attending natures call and were there for over three hours when the Defendant brought policemen to the University premises to arrest them under a false complaint that they had misappropriated monies belonging to the University. The Plaintiffs upon their arrest were marched through the University campus to the full glare of other employees and students of the University. The police took the Plaintiffs to the Regional Police Headquarters in Koforidua and detained them in their custody until the evening of the following day before they were granted police enquiry bail. A query letter was served on each Plaintiff to respond by the Defendant but the Plaintiffs collectively replied that they would respond to the query letters at the appropriate time and not within the time limit specified in their respective query letters. The Defendant subsequently dismissed all of them summarily on grounds of impropriety. The alleged impropriety was based on the allegations levelled against the Plaintiffs by the external auditor in his report. The Plaintiffs dissatisfied with their arrest and dismissal brought this action against the Defe