Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
SEVENTH DAY ADVENTIST COLLEGE OF EDUCATION & STEPHEN TWUMASI ANNAN

(2021) JELR 109001 (CA)    
Court of Appeal  ·  H1/57/2021 ·  22 Jul 2021 ·  Ghana
CORAM
SOWAH J.A. (PRESIDING), OPPONG J.A., MENSAH-HOMIAH J.A.

Ratio Decidendi

Core Terms Beta
judicial review
trial judge
appeal
trial court
administrative body
appropriate remedy
high court
private law
public function
supreme court
contract of employment
disciplinary committee
discretionary remedy
element of public law
interested party
legal background
present case
public institution
accra ex
affidavits of the parties
ambit of the court
applicants’ application
brief facts
circumstances of this case
consideration of various issues of facts
courts act
decision of the corporation
decision of the trial
disciplinary proceedings
employment relationship
ex p ampomah
following facts
following grounds of appeal
governing council
grounds of a purported forgery of signatures
korle gonno district magistrate grade
learned trial judge
lower adjudicating bodies
parte industrialization fund
public bodies
questions of mixed law
record of appeal
remedy of judicial review
respective written submissions
rules of natural justice
ruling of the trial court
subject matter of judicial review
tutor of the respondent college
vice principal

JUDGMENT 

SOWAH, J.A.

Introduction

This appeal is by the Applicant/Appellant (hereafter simply called ‘appellant’) from the decision of the trial high court dated 29th May 2020. The court dismissed the applicants’ application for Judicial Review which sought to quash his dismissal as tutor of the Respondent College and prohibit the Respondent from subjecting him to any disciplinary proceedings. The Ruling on appeal is at pages 338-373 of the record of appeal.

Brief Facts

The Applicant is a tutor. He averred in his affidavit in support of his Motion on Notice for Judicial Review that he was “engaged as staff of the Respondent” but his “contract of employment” had been terminated on grounds of a purported forgery of signatures. That he had been denied the opportunity of being heard contrary to the rules of natural justice and in violation of the 1992 constitution.

The Respondent in opposing the application contended that its relationship with the applicant was a purely employmen…

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