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MAHAMA
V.
BARCLAYS BANK OF GHANA LTD

(1977) JELR 81747 (HC)

High Court 22 Apr 1977 Ghana
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Case Details

Judges:OWUSU-ADDO J.
Counsel:C.F. Hayfron-Benjamin for the plaintiff. Campbell for the defendants.
Location:Kumasi
Other Citations:[1978] GLR 264-269

JUDGMENT

OWUSU-ADDO J.

The plaintiff was in the employment of the defendants for a period of sixteen years until his resignation on 31 December 1973. The terms and conditions of his employment were set out in a collective bargaining agreement entered into between the Industrial and Commercial Workers Union and the defendants on 1 June 1972. This agreement is marked exhibit A and so far as the dispute between the parties is concerned, the relevant provision is contained in paragraph 17 (c).

The endorsement on the plaintiff's writ of summons reads:

"The plaintiff's claim against the defendants is for a declaration that clause 17 (c) of the collective bargaining agreement entered into between the defendants and the Industrial and Commercial Workers Union on 1 June 1972 to the extent indicated on the sheet hereto attached is void and unenforceable against the plaintiff as being contrary to the provision of a positive rule of law and or public policy."

The offending paragraph reads:

"17 (c) Term…

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