UNIVERSITY OF MINES AND TECHNOLOGY v. FRANCIS AMOAKO
2019
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU J.A. (PRESIDING)
- DZAMEFE, J. A.
- WELBOURNE (MRS), J. A
Areas of Law
- Civil Procedure
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the High Court’s ruling was dismissed. The High Court, Kumasi, had granted judgment in favor of the Respondent, awarding a judgment debt and costs. The Appellant contested the Entry of Judgment and subsequent applications to set it aside, but these were dismissed. The Court of Appeal upheld the High Court’s decisions, and the costs imposed on the Appellant were deemed justified. The legal principles reinforced include that an appeal must substantiate any challenge against the weight of evidence, that rehearing on appeal follows specific statutory guidance, and that litigation must have finality to prevent abuse of court processes.
WELBOURNE, JA
This appeal is against the Ruling of the High Court, Kumasi dated 9th June, 2016.
The grounds of appeal as filed by the 2nd Defendant are as follows:
a. The learned judge erred in holding that in challenging the Entry of Judgment the Appellant had also, in effect, challenged the Judgment which had been confirmed by the Court of Appeal.
b. The Learned Judge erred in holding that the Entry of Judgment had been confirmed by the Court of Appeal.
c. The imposition of punitive costs on the Appellant, in the amount of GH₵12,000.00 is harsh and unfair.
d. The decision of the Honourable Court is against the weight of evidence.
e. The learned Judge failed to adequately consider the case of the Defendant/Appellant.
In this appeal, the 2nd Defendant/Applicant/Appellant is hereinafter referred to as the Appellant, while the Plaintiff/Respondent/Respondent is hereinafter referred to as the Respondent. The record of appeal is hereinafter referred to as the ROA. The original judgment of the trial High Court, Kumasi delivered on the 22nd day of June, 2011 can be found at pages 20-30 of the ROA. The Judgment of the Court of Appeal delivered on affirming the Judgment of the trial High Court spanned from pages 43 -58 of the ROA. The Ruling of the High Court, Kumasi delivered on the 9th day of June, 2016 can be found at pages 68-70 of the ROA. The Notice of Appeal spanned from pages 71-74 of the ROA.
The Background
The facts of the instant case as narrated by the Respondent are that:
The Respondent herein obtained Judgment against the 2nd and 3rd Defendants on the 22nd of June, 2011, on the basis that he rendered additional services, separate from his official duties.
The trial court gave its judgment on the basis of the following issues which were set down for trial;
i. Whether or not the Plaintiff was a Senior Technician employed by the 1st and 2nd Defendant?
ii. Whether or not the 1st and 2nd Defendants were charged with the responsibility to pay the salary and other incidental allowances to which the Plaintiff is entitled?
iii. Whether or not the Plaintiff apart from his normal duties as a laboratory technician was asked by the 3rd Defendant to take up the extra teaching work from the 1990/91 academic year to the 2000/2001 academic year?
iv. Whether or not the Plaintiff did fourteen (14) hours a week and was entitled to fifteen thousand Ghana Cedis (GH₵15,000.00) an hour?
v. Whether or not the Plaintiff is entitled to his reliefs?
vi. Whethe