DIVINE TORNYE
V.
NEWMONT GHANA GOLD LTD

(2016) JELR 107538 (HC)    
High Court  ·  SUIT NO. INDL/31/2015 ·  29 Jul 2016 ·  Ghana
CORAM
JUSTICE LAURENDA OWUSU
Core Terms Beta
plaintiff
defendant
court
evidence
medical grounds
section
defendant’s refusal
plaintiff’s medical report
cross-examination
burden of persuasion
collective agreement
evidence act
following issues
medical board
plaintiff’s case
waist problem
amended writ of summons
basic principle
breach of the national pension act
comprehensive medical report
course of his employment
cross examination
earlier authorities
exhibit b
grounds of medical retirement
law of evidence
legal burden of proof
light of further developments
light of the facts
medical examination
medical ground
plaintiff compensation
plaintiff’s invalidity pension
respect of his invalidity pension
said amount of gh
sensorineural hearing loss
sick leave
statement of claim
such rate
sufficient evidence
witness statement

JUDGEMENT 

By an amended Writ of Summons filed on the 3rd of February, 2016, the Plaintiff herein is  claiming the following reliefs: 

a. A declaration that the waist problem the Plaintiff suffered whiles in the employ of  the Defendant on the basis of which Plaintiff was medically retired after surgery  was occupational and therefore compensatory. 

b. An order to the Defendant to compensate the Plaintiff for the waist problem he  developed in the course of his employment as a Drill Operator. 

c. A declaration that the Defendant is obliged to satisfy SSNIT with the ground upon  which the Plaintiff was retired on medical ground on 30th June 2013. 

d. An order to the Defendant to answer the questionnaire served on it by the Tarkwa  Branch of SSNIT and also deliver the Plaintiff’s medical report to SSNIT as  requested. 

e. An order to the Defendant to pay Plaintiff compensation for the delay occasioned  by the Defendant’s refusal to answer the questionnaire from SSNIT and also deliver the Plai…

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