NANA ANTWI GYANIN & 38 ORS v. SDV GHANA LIMITED & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, J.A. (Presiding)
- ACQUAYE, J.A.
- AGYEMANG (MRS), J.A.
Areas of Law
- Civil Procedure
- Contract Law
- Employment Law
- Evidence Law
- Tort Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant sought to set aside a judgment against it for underpayment and wrongful deduction of wages due to improper service and lack of a cause of action. The court found that the appellant was improperly served with only the order for joinder instead of the amended writ of summons, which meant the court lacked jurisdiction to enter default judgment. The court also held that there was no disclosed cause of action against the appellant and that the damages awarded were based on erroneous legal principles and lacked proper accounting.
AGYEMANG, JA:
By the present appeal, the present appellant who was the fourth defendant /appellant at the court below, is seeking to have the final judgment that was entered against it in the consolidated suits at the court below, set aside.
The said judgment followed the entry of judgment in default of appearance against the fourth defendant therein (hereafter referred to as the appellant). The default judgment ordered the appellant to render accounts for all monies, being part of plaintiffs’ wages fraudulently and wrongfully withheld or deducted by the defendants, and payment of all such monies to the plaintiffs with interest. The default judgment was followed by proceedings said to be for the assessment of damages, but which resulted in the entry of a final judgment that decreed the following against the appellant: the refund of USD 1, 276, 963. 00 representing the sums of money unlawfully deducted by the defendants from the wages of the plaintiffs therein, together with interest at the current dollar rate at from 1997 until the final date of payment, general damages in the sum of GHC5, 000 per plaintiff, and costs of GHC22, 000. The following are the matters antecedent to the present appeal: Sometime in 1997, the plaintiffs in the first suit commenced action against the first, second and third defendants seeking the following reliefs:
1. Account of all monies being part of their wages wrongfully withheld or deducted by the defendants;
2. Payment to the plaintiffs of all monies being part of their wages wrongfully withheld or deducted by defendants;
3. Interest on the said monies.
Sometime in 2001, the plaintiffs in the second suit also commenced action seeking identical reliefs upon a joint and several liability, against the same defendants: By their amended statement of claim, the plaintiffs in 104/97pleaded that they were employees of the first defendant under a contract between the National Union of Seamen which represented them, and the first defendant.
The agreed daily wage was alleged to be the following: headman USD10. 00, Assistant headman: USD8. 50, sailors: USD 8. 00. They further pleaded that in pursuance of a fraudulent design, the second and third defendants, claiming to be acting under the instructions of the first defendant, had underpaid them, paying them no more than 1000 cedis (old cedis) per hour.
The plaintiffs in 219/2001 on the other hand pleaded that their entitlement was USD1. 00 per hour which was denied them as they