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JOSEPH ESSEL BINEY v. ELECTRICITY COMPANY OF GHANA

2021

COURT OF APPEAL

GHANA

CORAM

  • SOWAH, J. A. (PRESIDING)
  • OPPONG, J. A.
  • MENSAH-HOMIAH, J. A.

Areas of Law

  • Employment Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

The Court of Appeal (Ghana), per Mensah-Homiah JA with Sowah JA (Presiding) and Oppong JA concurring, reviewed a High Court judgment in a dispute over Joseph Biney’s retirement age. Biney, a Senior Accountant employed by a limited liability company, declared 7 April 1957 on his Personal Records Form, but SSNIT’s records showed 7 April 1954. He sought declaratory and monetary reliefs after the company notified him of retirement at age 60 effective 7 April 2014, and the High Court held his retirement was premature and unfair, awarding lost salary, allowances, damages, interest, and costs. On appeal, the court re-examined the record under the “against weight of evidence” standard, applied the Evidence Act burdens, and enforced SSNIT regulations that make its records authoritative unless corrected. It faulted Biney for not petitioning SSNIT’s Director-General or producing Form SS1, and inferred from his school and employment history that 1954 was accurate. The court held the employer acted lawfully, allowed the appeal, and set aside all orders.

JUDGMENT