SAMUEL BENYA v. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST (SSNIT) & ORS
2012
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, JA (PRESIDING)
- HONYENUGA, JA
- AYEBI, JA
Areas of Law
- Civil Procedure
- Evidence Law
- Tort Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
SSNIT appealed from the High Court at Ho’s judgment in consolidated suits CS 96/98 (Samuel Benya v. SSNIT) and CS 27/2000 (SSNIT v. Peter Dompre). The High Court had dismissed SSNIT’s claims, declared Benya the beneficial owner of VW LT Bus GT 1803-C, held SSNIT liable for loss or damage relating to the vehicle, found no reasonable basis for Dompre’s dismissal, and ordered a refund of C10.9 million to him. On appeal, Justice Marful-Sau re-examined the record, emphasizing that the case centered on ownership of the bus, that Benya bore the burden of proof, and that Dompre was a vital witness Benya failed to call. The court relied on Dompre’s letters acknowledging purchase and return of the bus when embezzlement was detected, and applied the principle from DAM v. ADDO against granting reliefs not sought. The Court of Appeal set aside the High Court’s judgment and allowed SSNIT’s appeal.
MARFUL-SAU, JA: -
This appeal is from the judgment of the High Court sitting at Ho and dated the 27th December 2007. The said judgment was delivered in respect of consolidated suits namely; suit No. CS 96/98 which was titled Samuel Benya vrs. Social Security and National Insurance Trust; and suit No. CS 27/ 2000, titled Social Security and National Insurance Trust vrs. Peter Dompre. In the Notice of Appeal filed on the 13th August 2007, 13 grounds were filed by the Social Security and National Insurance Trust, the appellant herein. The respondents to this appeal were named as Samuel Benya the plaintiff in suit no.CS96/98 and Peter Dompre the defendant in suit no.CS 27/2000.
In suit no. CS 96/98 the plaintiff claimed the following against the appellant herein:-
‘’ 1. An order declaring as unlawful and wrongful the seizure of VW LT Bus No. GT 1803 C belonging to the plaintiff.
2. A further order directing the defendant to release the said vehicle NO. GT 1803 C to him as the registered owner as per vehicle form A of the Vehicle Examination and Licensing Division (VELD) of the Ministry of Transport which is hereby attached to the statement of claim as Exhibit A.
3.Loss of use of the said vehicle which is a commercial vehicle at the rate of C40,000.00 per day for a 6 day week from date of seizure up to date of release in a good and working condition.
4. General and Special damages for wrongful and unlawful seizure of the said vehicle no. GT 1803-C.
5 .Perpetual injunction to restrain the defendants, their agents, servants, privies and assigns from having anything to do whatsoever with the said vehicle no. GT 1803-C.’’
The appellants counter-claimed in that suit as follows:-
‘’a) A declaration that the plaintiff is not the beneficial owner of the VW LT Bus No. GT 1803-C having sold same to Peter Dompre an ex-Accounting Officer of the defendant who embezzled workers contributions.
b) The defendant as a Statutory Public Trust is entitled to trace and seize all properties illegally acquired by Peter Dompre including VW LT Bus No. GT 1803-C with workers Social Security contributions.’’
In suit no. CS 27/2000, the appellant herein claimed the following reliefs against Peter Dompre, who was their dismissed employee:-
‘’a)Declaration that the defendant is the beneficial owner of LT VW Bus No.GT 1803-C which he surrendered to the plaintiff and had since been in the custody of the plaintiff in respect of workers Social security contributions embezzled by hi