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CLEMENT AGBESI & 4 ORS.
V.
G.P.H.A.

(2007) JELR 65851 (CA)

Court of Appeal 20 Apr 2007 Ghana
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- The Court of Appeal (majority) held that only the five named plaintiffs had standing, setting aside the judgments entered for the 3,839 additional plaintiffs and 356 joined parties due to non-compliance with procedural rules for joinder a

Case Details

Suit Number:H1/161/2006
Judges:AKAMBA J.A. PRESIDING., ADDO JUSTICE OF APPEAL, QUAYE JUSTICE OF APPEAL.
Counsel:S. KWAMI TETTEH AND NARTEY-TETTEH FOR APPELLANT; A. ADAARE FOR RESPONDENT.

AKAMBA J.A.

On 11th July 2003 a writ was issued in the High Court Tema by the plaintiffs/respondents (hereinafter referred as plaintiffs) against the Defendant/Appellant, Ghana Ports and Harbours Authority by five named plaintiffs and 'others'. The writ was accompanied by an 'addendum to writ' filed that same 11th July 2003. The addendum stated that 'a full and comprehensive, detailed list of all the plaintiffs will be supplied to the court subsequently'. The claims against the defendant were for:

"(a) Damages for the breach of the provisions of the Collective Bargaining Agreement between the parties

© sic. An award of compensation by the Court to the Plaintiffs to be paid by the defendant for its illegal/unlawful conduct in keeping the Plaintiffs as casual workers and breaching Plaintiffs economic rights under the 1992 Constitution and also discriminating against the Plaintiffs contrary to the provisions of the 1992 Constitution.

(c) An order that the same compensation package given to v…

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