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NARTEY-TOKOLI AND OTHERS v. VOLTA ALUMINIUM CO LTD (NO. 3)

1990

SUPREME COURT

GHANA

CORAM

  • FRANCOIS
  • AMUA-SEKYI
  • OSEI-HWERE
  • AIKINS JJSC
  • OFORI-BOATENG JA

Areas of Law

  • Employment Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

This Supreme Court judgment concerns a review application by former employees of Volta Aluminium Co Ltd (Valco) following the Court’s 8 March 1990 decision that their dismissals were null and void. The plaintiffs sought to expand monetary relief, arguing that nullity entitled them to salaries and benefits up to judgment and pressing for a two‑year damages benchmark based on Ghana Cocoa Marketing Board v Agbettoh. The Court reiterated that its review jurisdiction is reserved for exceptional circumstances, not a further appeal or an interpretive forum, and held that Agbettoh’s two‑year figure was a case‑specific compromise rather than a rule. Emphasizing equity and mitigation, the Court required deductions for alternative earnings and confirmed benefits under the “gentleman’s agreement” as part of remuneration but convertible to cash at de facto termination dates. It corrected an arithmetic error for the third batch (14 months) and otherwise dismissed the review, ordering calculations before the High Court and repayment of LOA loans.

JUDGMENT