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MANFORD GYANSA-LUTTERODT V. AFAM CONCEPT

(2023) JELR 110958 (SC)

Supreme Court  •  NO. J4/62/2022  •  18 May 2023  •  Ghana

Coram
YEBOAH CJ (PRESIDING) OWUSU (MS.) JSC TORKORNOO (MRS.) JSC ACKAH-YENSU (MS.) JSC ASIEDU JSC

Appearances
CHARLES BAWADUAH ESQ. FOR THE APPELLANT; Y. A. AFFRAM ESQ. FOR THE RESPONDENT.

Judgement

ACKAH-YENSU (MS.) JSC:

INTRODUCTION

This Ruling is predicated on an appeal filed by the Complainant/Applicant/Appellant (hereinafter referred to simply as the “Appellant”) to this Court regarding a refusal by the Court of Appeal to grant an application for extension of time to file an appeal against the decision of the National Labour Council (NLC).  The Respondent/Respondent/Respondent has raised a Preliminary Objection on the ground that since the cause or matter commenced at the NLC, the Appellant ought to have sought the leave of the Court of Appeal or the Special Leave of the Supreme Court in accordance with the provisions of Article 131(1) and 2 of the 1992 Constitution, and section 4(1)(2) of the Court Act 1993 (Act 459).

BACKGROUND FACTS

The Appellant had his employment with the Respondent terminated in March 2016.  Aggrieved with the termination of his appointment, Appellant petitioned the NLC on a complaint of Unfair Termination.  Upon consideration of the facts, evidence, and t…

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