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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

AI Generated Summary

This was a motion by former Valco employees seeking a review of the Supreme Court of Ghana’s judgment of 8 March 1990 that had already granted them substantial relief for nullified dismissals. The applicants argued that the Court should award salaries up to the date of judgment, apply a two-year damage period in line with Agbettoh, ignore mitigation, and amend certain dates. Relying on authorities such as Fosuhene v Pomaa, the Court reiterated that its review power is confined to exceptional circumstances and is not a second appeal. Four separate opinions were delivered, all agreeing that no fundamental error had been shown. The Court corrected only an arithmetical slip for the third batch of employees (acknowledging a fourteen-month period) and otherwise dismissed the application. The decision re-affirms the strict threshold for Supreme Court review, the discretion of trial courts in fixing damages, and the obligation of wrongfully dismissed employees to mitigate their losses.

JUDGMENT