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NO. 7873 LANCE CPR. TIMOTHY YITANKEY
V.
THE DIRECTOR GENERAL AND THE ATTORNEY GENERAL

(2010) JELR 69611 (HC)

High Court 9 Feb 2010 Ghana
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- The plaintiff, a prison officer, filed a lawsuit against the defendants seeking a declaration that a service enquiry held at the Awutu Prisons Camp, in which the plaintiff was found guilty and reduced in rank, is null and void. - The plai

Case Details

Suit Number:SUIT NO. INDL.38/09
Judges:KWABENA ASUMAN-ADU
Counsel:MR. SETH WIAFE DANKWA FOR THE PLAINTIFF,MR. EBENEZER APPIAH OPARE WITH MS TRICIA QUARTEY FOR THE DEFENDANTS

RULING

On 30th June, 2009, the Plaintiff herein, L/Cpr. Timothy Yitankey of the Prisons Service issued out Writ of Summons against the Defendants for the following reliefs:

“A declaration by this Honourable Court that since the Minister of Interior has not complied with Section 19 (3) of NRCD 46 of 1972, the service enquiry held at the Awutu Prisons Camp in which Plaintiff was found guilty and later reduced in rank from corporal to Lance Corporal is null and void and of no legal effect whatsoever;

General damages for wrongful reduction of rank from Corporal to Lance Corporal;

An order of the Court directing the Defendants to restore Plaintiff to his rank and all outstanding salaries and benefits due to Plaintiff, be paid to him forthwith.”

In the accompanying Statement of Claim, the Plaintiff avers that he used to be working with the Ghana Prisons Service stationed at Awutu Prisons Camp. Whilst there, he was invited by the authorities of the camp and he was informed that a fellow prison of…

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