Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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

(2018) JELR 65777 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/70/2018 ·  18 Oct 2018 ·  Ghana
CORAM
E. K. AYEBI JA (PRESIDING), DENNIS ADJEI JA, S. G. SUURBAAREH JA

Ratio Decidendi

Core Terms Beta
plaintiffs
rule
grounds of appeal
piecemeal litigation
supreme court
trial judge
high court
rem judicatam
current suit
additional issues
suit no.
defendant bank
claims of the plaintiffs
statement of claim
case of the plaintiffs
defence of estoppel
instant appeal
judicial process
record of appeal
said grounds of appeal
s. g. suurbaareh
abdilmasah vrs amarh
circumstance of their case
commercial workers union of the staff of the defendant
contravention of the labour act
contravention of the said articles
defendant’s action
earlier case
full trial
further appeal
honourable chief justice
judgment of the high court
local union executives of the industrial
lord woolf cj
narrative nature of the said grounds
new found grounds
peculiar facts
permit union activities
plaintiffs notice of its intention
reasoned judgment
remote cause of this suit
said rule states
subject of this appeal
superior courts of judicature
support of the above reliefs
trade union principles
unanimous opinion of the court
wrong heading of the written submission

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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