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PRESBYTERIAN CHURCH OF GHANA V. REV. C. E. N. DOKU

(2005) JELR 68372 (SC)

Supreme Court  •  CIVIL APPEAL NO.3/2001  •  20 May 2005  •  Ghana

Coram
ATUGUBA J.S.C (PRESIDING), MISS AKUFFO J.S.C., LARTEY J.S.C., ANSAH J.S.C, ANINAKWA J.S.C.

Judgement

OPINION

SOPHIA A.B. AKUFFO, J.S.C.

By a Notice of Appeal filed on 17th November 2000 the Appellant appealed against the judgment of the Court of Appeal, delivered on 16th December 1999, whereby the said court affirmed the High Court’s finding that the premature retirement of the Appellant was unlawful and, therefore, the Appellant was entitled to compensation. The court, however, set aside the trial court’s award of ¢5,000,000.00 damages (calculated on the basis of 7 years’ salary) as too high, and substituted damages calculated on 2 years’ salary. The Learned Judges also affirmed the High Court’s order for the recovery of an amount of ¢162,008.00, on the ground that the Respondent had failed to establish the basis for the deduction of such an amount from the Appellant’s entitlements, and ordered that the said amount should attract interest at the prevailing bank rate up to the date of their judgment.

The Respondent on 13th November 2001 filed a notice of preliminary legal objection to t…

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