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EMMANUEL C. PLANGE & OTHERS V. GHANA COMMERCIAL BANK LTD.

(2014) JELR 68637 (SC)

Supreme Court  •  CIVIL APPEAL NO.J7/15/2014  •  17 Dec 2014  •  Ghana

Coram
ADINYIRA (MRS) J.S.C. (PRESIDING), DOTSE J.S.C., YEBOAH J.S.C., BAFFOE BONNIE J.S.C., GBADEGBE J.S.C., AKOTO BAMFO (MRS) J.S.C., AKAMBA J.S.C.

Judgement

RULING

SOPHIA ADINYIRA(MRS.) JSC (PRESIDING):-

This application for a review of the judgment of the ordinary bench of 21 May 2014 is brought by 10 out of the 511 former employees of Ghana Commercial Bank (GCB) in the consolidated cases, commenced on 28 October 2006 and 18 November 2006 respectively. The reliefs sought by the Plaintiffs from their former employer were mainly for a declaration that they were entitled to participate in and enjoy the benefits of the Special Pension Scheme set up by the Defendant for the benefit of its employees; and an order for specific performance directed at the Defendant to compute and pay to the Plaintiffs their pension benefits under the said scheme with interest thereon to date of final payment. The Defendant resisted the claim on the grounds that the pension scheme was abrogated in December 1990 and since the Plaintiffs alleged rights accrued upon their respective dates of retirement their action was statute barred.

The High Court held that the abrog…

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