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JUDICIAL SERVICE STAFF ASSOCIATION OF GHANA
V.
THE ATTORNEY-GENERAL, THE NATIONAL PENSION REGULATORY AUTHORITY AND FAIR WAGES AND SALARIES COMMISSION

(2016) JELR 66222 (SC)

Supreme Court 23 Jun 2016 Ghana
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- The plaintiff, a corporate citizen of Ghana, is claiming that the defendants have infringed upon the pension rights of its members who are non-bench members of the Judicial Service. - The plaintiff argues that it is also seeking to enforc

Case Details

Suit Number:CIVIL APPEAL NO. J1/5/2015
Judges:ATUGUBA JSC PRESIDING, AKUFFO (MS) JSC, ANSAH JSC, ADINYIRA (MRS) JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC
Counsel:KWEKU PAINTSIL WITH HIM EUDORA BAAH- DODOO ESQ. FOR THE PLAINTIFFS; STELLA BADU (CHIEF STATE ATTORNEY) WITH HER MS. ZAINAB AYARIGA (ASSISTANT STATE ATTORNEY) FOR THE 1ST DEFENDANT., SOMUAH- ASAMOAH ESQ. FOR THE 2ND DEFENDANT., ABDUL BAAZIT BAMBA ESQ. WITH HIM GODWIN KODZO TAMEKLO AUGUSTINE AHAMEY AND REINDOF TWUMASI ANKRAH FOR THE 3RD DEFENDANT.

JUDGEMENT

MAJORITY OPINION

DOTSE JSC:

CAPACITY OF PLAINTIFF AND RELIEFS CLAIMED

The plaintiff has instituted the instant action as a corporate citizen of Ghana pursuant to article 2 (1) of the Constitution 1992 for the benefit of its members, whose pension rights guaranteed by the Constitution 1992, are allegedly being infringed upon by the Defendants.

Additionally, the plaintiff states that, in so far as some of the reliefs it seeks against the defendants, go beyond the immediate confines of its members, (who are to a large extent the non-bench members of the Judicial Service) the plaintiff should be deemed to have commenced the action as a matter of public interest also pursuant to article 2 (1) of the Constitution 1992.

In that respect, the plaintiff is deemed to be seeking to enforce the pension rights of the Judges of the Superior Court of Judicature and also of the lower court, who by the nature of their profession cannot pursue their own grievances through the court’s system whilst s…

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