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VOLTA RIVER AUTHORITY V. BENEDICT ATTA FYNN

(2015) JELR 65393 (CA)

Court of Appeal  •  CIVIL APPEAL: NO: H1/37/2014  •  28 Jul 2015  •  Ghana

Coram
E. K. AYEBI (PRESIDING) JA, IRENE C. LARBI (MRS.) JA, ANGELINA MENSAH-HOMIAH (MRS.) J

Judgement

AYEBI, J.A:

1. This is an appeal against the ruling of a Sunyani High Court dated 18th February, 2013. The issue which the trial judge determined in that ruling is whether or not the plaintiff/respondent (hereinafter called plaintiff) was estopped from mounting this action against the defendant/appellant (hereinafter called the defendant). It was raised as a preliminary legal issue and argued by the parties.

2. The background to the issue and for that matter the claim of the plaintiff is that on 17th July 2008, defendant dismissed the plaintiff as its employee. The plaintiff petitioned Commission for Human Rights and Administrative Justice for redress. The plaintiff discontinued the petition in order to apply for an order of certiorari to quash his dismissal by way of judicial review. But by then he was out of time to file the application directly. So plaintiff applied for extension of time within which to file the judicial review application.

3. The High Court presided over by Ato Assan…

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