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OPARE YEBOAH AND 7 OTHERS
V.
BARCLAYS BANK OF GHANA LTD.

(2018) JELR 65777 (CA)

Court of Appeal 18 Oct 2018 Ghana
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- Appeal dismissed; plaintiffs’ claims barred by the doctrines of estoppel per rem judicatam and abuse of process, as the issues raised had been conclusively determined in prior litigation between the parties. - The court reaffirmed that pa

Case Details

Suit Number:CIVIL APPEAL NO. H1/70/2018
Judges:E. K. AYEBI JA (PRESIDING), DENNIS ADJEI JA, S. G. SUURBAAREH JA
Counsel:MR. THOMAS WARD-BREW FOR PLAINTIFFS/APPELLANTS,MR. CHARLES HAYIBOR FOR DEFENDANT/RESPONDENT

AYEBI, JA

1. The remote cause of this suit can be traced to the events of 14th November, 2007. The plaintiffs/appellants (hereinafter called plaintiffs) were local union executives of the Industrial and Commercial Workers Union of the staff of the defendant/respondent (hereinafter called defendant). On 14th November 2017, the plaintiffs/appellants were alleged to have declared, instigated, incited, led or supported others to embark on an illegal strike in contravention of the Labour Act, 2003 (Act 651) and the Collective Bargaining Agreement (CBA) between the defendant and its employees. For the alleged contravention, the defendant on 11th January 2008, served each of the plaintiffs notice of its intention to dismiss them. Accordingly, pursuant to Article 17 of the CBA, the defendant summarily dismissed each of the plaintiffs on 26th February, 2008.

2. The plaintiffs denied the charges leveled against them by the defendant. It was the case of the plaintiffs that their dismissal was a vi…

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