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THE REPUBLIC V. THE COURT OF APPEAL EX-PARTE GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION (HEREIN AFTER CALLED THE APPLICANT) FOR AN ORDER OF CERTIORARI AND MANDAMUS

(2002) JELR 68309 (SC)

Supreme Court  •  SUIT NO CM10/2002  •  29 May 2002  •  Ghana

Coram
MRS. J BAMFORD-ADDO J.S.C, KPEGAH J.S.C, ADJABENG J.S.C, ATUGUBA J.S.C, AFREH J.S.C

Judgement

RULING

AFREH, JSC

This is an application for an Order of Certiorari to quash the decision of the Court of Appeal delivered on or about the 20th of December 2001 and for an Order of Mandamus to compel the Court of Appeal to rehear and determine the matter before it according to law in conformity with Rules 31 and 32 of the Court of Appeal Rules 1997 (C.I.19)

The order of the Court of Appeal was to send the case back to the High Court to deal with it from the date the defendant in the High Court submitted to judgment.

The applicant Association is made up of pioneer staff which worked to establish the Ghana Commercial Bank. At the commencement of the suit before the High Court in January 1995 it had about 770 members but as at January 2002, when the instant application was brought, about 89 of them had died, remaining 681.

In 1976 a scheme was introduced by the bank known as the Ghana Commercial Bank Special Pension Scheme. The objects of the scheme included the following:

(a) To serve and rew…

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