KWASI APENTENG & OTHERS v. GHANA COMMERICAL BANK
2013
COURT OF APPEAL
GHANA
CORAM
- M, OWUSU, J.A (PRESIDING)
- GYAESAYOR, J.A
- DZAMEFE, J.A
Areas of Law
- Civil Procedure
- Constitutional Law
- Employment Law
- Equity and Trusts
- Human Rights Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves 79 former employees of Ghana Commercial Bank (GCB) who sought to enforce their pension entitlements under a scheme established in 1976. The scheme was allegedly abolished in 1990, but the respondents claimed they had not been informed. They sought redress from the High Court, which ruled in their favor. GCB appealed, arguing that the action was statute-barred and the court lacked jurisdiction. The Court of Appeal found in favor of GCB, setting aside the High Court's decision on the grounds that the application was made outside the statutory time limits and that the right to a pension is not a fundamental human right under the Constitution.
JUDGMENT
GYAESAYOR, JA
This is an appeal against the decision of the High Court, Accra dated 29th July 2010 in respect of an application brought by the 79 applicants/respondents (hereinafter called Respondents) against the Ghana Commercial Bank (GCB hereinafter called (Appellants) filed on 17th day of February 2010. The application in the High Court was brought under Order 67 of C.I. 47, the Civil Procedure Rules of 2004 invoking the jurisdiction of that court to enforce their fundamental human right which they claim had been trampled upon by the appellant herein.
The facts of the case are quite simple. The applicants herein were employees of the GCB who had retired variously either at attaining 45 years, resigned or declared redundant or have retired from the service of the bank. Their claim is based on a scheme known and called “Ghana Commercial Bank Social Pension Scheme” which was established in 1976 to assist workers and to motivate them to work for longer periods with the said bank. When the applicants retired, they were not paid the benefits because according to the bank, the Special Pension Scheme had been abolished as far back 18th December 1990.
It is the case of the appellant herein that Social Security Scheme which had been introduced paved the way for the said abrogation coupling with the lack of funds and that the bank now contributes to SSNIT on behalf of workers. In any event, they contended that the action of the respondent is statute barred not having been filed within 6 months of the occurrence of the alleged breach or 3 months after it came to the notice of applicants.
Indeed the appellants duly raised a preliminary objection in respect of this but were overruled by the trial court which proceeded to hear the application to conclusion.
The respondents on the other hand claim that the abrogation was not brought to their notice and that the conduct of the appellant in paying other, under the said scheme while denying them their right is an infringement of their fundamental rights which can be brought under Order 67 of C.I. 47.
At the end of the hearing, the learned Justice of the High Court granted the following reliefs to the applicants;-
i. A declaration that they are qualified for their pension entitlements under the GCB Special Pension Scheme instituted in July 1976.
ii. A declaration that the abrogation of GCB Special Pension Scheme in December 1990 was null and void.
iii. An order that all pension benefits due to the appli