PROF. JAMES KWESI ANSAH v. CAPE COAST POLYTECHNIC & ANOTHER

JUSTICE JANAPARE A. BARTELS-KODWO (MRS. ) J. A.

This is an appeal by the Plaintiff/Appellant (hereinafter Appellant) against the Judgment of the High Court, Cape Coast dated 15th March, 2019 which dismissed the Plaintiff’s claim and entered judgment for the Defendants/Respondents (hereinafter Respondents)The grounds of appeal are as follows:

1. The judgment is against the weight of evidence adduced at the trial.

2. Additional grounds of appeal will be filed upon receipt of the Record of Appeal.

The Appellant seeks from the Court of Appeal that the decision of the High Court, Cape Coast contained in the judgment of 15/3/2019 be set aside and judgment entered in favour of the Plaintiff/Appellant on the reliefs sought and endorsed on the Writ.

The Appellant instituted the action on 12/11/2015 against the Respondents claiming the following reliefs: a. A declaration that the decision of the Cape Coast Polytechnic Council dated 26th June, 2015 to promote two applicants before receiving its own investigation report was premature and without justification and must be set aside.

b. An order compelling the Council to declare and appoint Plaintiff as the Vice Rector of the Polytechnic.

c. A declaration that the refusal or failure to appoint the Plaintiff as the Vice Rector was without justification, discriminatory and against his fundamental human rights.

The brief facts of this case are that Appellant is the Dean of the School of Business Cape Coast Polytechnic.

He was made a Professor in 2011. The 2nd Respondent is the Rector of the 1st Respondent Polytechnic.

The Appellant was initially appointed Dean of School of Business on 8th April, 2013 to 7th April, 2015. The position of Vice Rector of the 1st Respondent Polytechnic became vacant within the academic year on 30th April, 2015. At that time the new Statute, the 2015 Statutes had taken effect as it came into force on 13th April, 2015. The Deanship election was held on 8th July, 2015. Per the calendar the academic year was to begin on 8th August, 2015 but was rescheduled to 12th September, 2015. On 30th August, 2015 the Acting Deans including the Appellant were all confirmed as substantive Deans.

The Rector on the 17th September, 2015 nominated three (3) Senior Members who had then also qualified for nomination by virtue of being promoted to contest for the election with the Appellant herein inclusive for convocation to elect one.

Prof. S. K. Ansah was elected.

The Appellant being dissatisfied with