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ALEX YAW NSIAH & 88 ORS.
V.
GHANA COMMERCIAL BANK

(2015) JELR 67703 (CA)

Court of Appeal 3 Dec 2015 Ghana
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- The Court of Appeal held that claims by ex-employees for pension entitlements under the Ghana Commercial Bank Special Pension Scheme were statute barred under Section 4(1)(b) of the Limitation Act, 1972 (NRCD 54), as the scheme was abroga

Case Details

Suit Number:CIVIL APPEAL: SUIT NO: H1/154/2014
Judges:KUSI-APPIAH J.A. Presiding, GYAESAYOR J.A., SOWAH (MS.) J.A.
Counsel:MR. KIZITO BEYUO FOR RESPONDENTS,SORY@LAW SOLICITORS FOR APPELLANT

KUSI-APPIAH, J.A.

On 26th May, 2011, the High Court (Fast Track Division), Accra entered judgment in favour of the plaintiffs/respondents (hereinafter referred to as the plaintiffs) against the defendant/appellant (hereinafter referred to as the defendant). The defendant being dissatisfied with the court’s decision, appealed to this court.

By their amended writ of summons, the plaintiffs numbering 89, claimed against the defendant as follows:

“a. A declaration that the plaintiffs are entitled to payment of pension under the defendant’s Special Pension Scheme established on 1st October, 1976.
b. Recovery from the defendant the plaintiff’s pension entitlements as per the Special Pension Scheme as amended.
c. Interest on (b) above at the prevailing bank rate from the date each plaintiff left the defendant bank’s employment up to the date of payment.
d. Costs of these proceedings including lawyer’s costs.”

The facts relied on by the parties to establish their respective cases were not complicat…

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