Ratio DecidendiRatio DecidendiRatio Decidendi


(2011) JELR 63805 (HC)    
High Court  ·  SUIT NO: BINDL/12/10 ·  24 Feb 2011 ·  Ghana

Ratio Decidendi

Core Terms Beta
former executive director of the defendant institution
termination of his appointment
plaintiff’s claim
public services commission
board chairman of the defendant company
unfair termination of appointment
monthly salary of gh
months’ salary
provisions of the labour act
board chairman
conditions of service
wrongful dismissal
exhibit a.
defendant institution
full pay
said exhibit shows
said provision states
natural person
date of dismissal
mutual agreement
following issues
following reliefs
plaintiff’s appointment
constitution of ghana
appointments of employees
terms of employment
evidence copies of the trust document
attached statement of claim
legal entity
present government
termination of plaintiff
public corporations
public service
management of the defendant institution
board meeting
executive director
chairman of the trust fund
trial plaintiff’s case
such steps
public servant
registration documents
registrar general department
andrew tontoh baffour
legal person
months’ salary payment
copy of the advertisement


The Plaintiff who was the former Executive Director of the Defendant institution by a Writ of Summons dated 10th November, 2009 instituted this action against the Defendant claiming the following reliefs:-

a. Declaration that the termination of his appointment as the Executive Director is unfair and wrongful.

b. An order for his reinstatement to his position or in the alternative an order for payment of punitive compensation for wrongful and unfair termination of appointment.

The Defendant entered appearance on 30th November, 2009 and went on to file its Statement of Defence on 17th December, 2009 denying the Plaintiff’s claim.

In an attached Statement of Claim, the Plaintiff avers that on 31st December, 2003 he saw an advert in the Ghanaian Times and responded to it. He was invited for interview at the Public Services Commission and was offered the appointment as the Executive Director with effect from 1st May, 2004. He was, therefore, offered the appointment on merit and not und…

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