Dankwa and Another Vrs Anglogold Ashanti Ltd [2019] GHASC 11 (14 February 2019)

Dankwa and Another Vrs Anglogold Ashanti Ltd [2019] GHASC 11 (14 February 2019)

A decision declining jurisdiction does not operate as res judicata. Plaintiffs' own admissions established that their claim was statute barred, justifying summary dismissal without the need for a statement of defence. The High Court had inherent jurisdiction to set aside void orders, and the appeal succeeds on all grounds.

Citation
[2019] GHASC 11
Parties
Plaintiffs/appellants/respondents: Kwadwo Dankwa, Francis Adom, Kwaku Addae, Yaw Boateng & 249 Others; Defendant/respondent/appellant: AngloGold Ashanti Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 February 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Limitation of Actions, Res Judicata, Summary Dismissal, Wrongful Termination, Extension of Time
Source Language
English
Employment Law Civil Procedure Limitation of Actions Res Judicata Summary Dismissal Wrongful Termination Extension of Time

Case Brief

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Parties

Kwadwo Dankwa, Francis Adom, Kwaku Addae, Yaw Boateng & 249 Others

Plaintiffs/appellants/respondents

AngloGold Ashanti Ltd

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the decision of Mahamadu J declining jurisdiction operated as res judicata to estop the defendant from raising the same issue before Azumah J
  2. 2 Whether Azumah J erred in dismissing the suit as statute barred without the defence of limitation being pleaded in a statement of defence
  3. 3 Whether the plaintiffs' action was statute barred and whether the High Court had jurisdiction to extend time

Ratio Decidendi

A decision declining jurisdiction does not operate as res judicata. Plaintiffs' own admissions established that their claim was statute barred, justifying summary dismissal without the need for a statement of defence. The High Court had inherent jurisdiction to set aside void orders, and the appeal succeeds on all grounds.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed in its entirety.