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

(2010) JELR 69611 (HC)    
High Court  ·  SUIT NO. INDL.38/09 ·  9 Feb 2010 ·  Ghana
CORAM
KWABENA ASUMAN-ADU
Core Terms Beta
plaintiff
appeal
service enquiry
prisons service council
case
corporal
lance corporal
rank
defendants
action
decision
legal effect
awutu prisons camp
minister of interior
cases of misconduct
conduct of disciplinary proceedings
legislative instrument
spite of the fact
unsatisfactory service
accompanying statement of claim
audi alteram partem rule
behalf of the plaintiff
case of isaac aryee aryequaye v
claim of the plaintiff
current suit
director general of ghana prisons service
fair hearing
fellow prison officer
filed written submissions
following cases
following reliefs
ghana prison service
ghana prisons service
high court
honourable court
justice kwabena asuman-adu
legal arguments
main ground
order of the court
plaintiff guilty
rule of natural justice
said service enquiry sins
service assault rifle
timothy yitankey of the prisons service
west african examination council
writ of summons
wrongful reduction of rank

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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