GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION
V.
GHANA COMMERCIAL BANK LTD

(2002) JELR 63477 (CA)

Court of Appeal · CIVIL APPEAL NO.: 166/2000 · 11 Jul 2002 · Ghana

CORAM

BROBBEY JA. (PRESIDING), TWUMASI JA., AKOTO-BAMFOR JA.

Core Terms ^Beta

plaintiffs

trial judge

appellant bank

defendant bank

salaries change

trial court

ministry of finance

salary base

consolidated salary

public service

arrears of pension

court of appeal

high court

public corporation

public servants

supreme court

accountant general

automatic adjustment of pensions

civil service

current basic salary

defendant’s board

directors amendment decision of 27th february

first ground

legal issue

pension rights

trial

basic monthly salary

context of the facts of the instant case

court of appeal rules

current bank rate

current basic salaries

definitions of the expressions

doubt state

employees of the appellant

grounds of appeal

important factor

introduction of the consolidated salary scales

meaning of the term

monthly salary

next main move

order of certiorari

order of perpetual injunction

ordinary sense

payment of pensions

pensioners of the ghana commercial bank limited

plaintiffs’ entitlements

ruling of the court of appeal

simple reason

terms of the arguments

use of the word

BROBBEY, J.A.

Six people, suing for themselves and 764 others, originally instituted an action in the High Court. All the plaintiffs were pensioners of the Ghana Commercial Bank Limited.

Their initial claims were for the following reliefs;

“ 1. A declaration that the plaintiffs are entitled to be paid their pension rights in accordance with the defendant’s Board of Directors Amendment decision of 27th February 1987.

2. Arrears of pension due plaintiffs with interest at current bank rate with effect from 1st July 1989.

3. Damages for breach of contract

4. An order of perpetual injunction restraining defendant bank from transferring any of its assets or changing its legal identity or ownership of itself by way of sale, assignment or divestiture in any form until plaintiffs’ entitlements would have been paid and concrete of Directors Amendment decision of 27th February 1987. Arrears of pension to the plaintiffs as from 1st July 1989. The rate of interest to be subject to agreement.”.

The plaint…

GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION V. GHANA COMMERCIAL BANK LTD

GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION
V.
GHANA COMMERCIAL BANK LTD