Duffour Vrs Bank Of Ghana [2022] GHASC 10 (9 February 2022)

Duffour Vrs Bank Of Ghana [2022] GHASC 10 (9 February 2022)

The plaintiff was a contractual licensee with no proprietary interest in the property; the license was lawfully revoked with reasonable notice. His refusal to vacate and subsequent conduct constituted gross misconduct, justifying summary dismissal under the Senior Staff Rules and Conditions of Service. There was no breach of natural justice or the Constitution, and the lower courts' findings were supported by the evidence.

Citation
[2022] GHASC 10
Parties
Plaintiff/appellant/appellant: Benjamin Duffour; Defendant/respondent/respondent: Bank of Ghana
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 February 2022
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal dismissed
Legal Topics
Summary Dismissal, License Agreements, Trespass, Natural Justice, Employment Termination, Injunctions
Source Language
English
Employment Law Land Law Contract Law Constitutional Law Summary Dismissal License Agreements Trespass Natural Justice +2 more

Case Brief

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Parties

Benjamin Duffour

Plaintiff/appellant/appellant

Bank of Ghana

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the summary dismissal of the plaintiff was lawful under the Senior Staff Rules and Conditions of Service
  2. 2 Whether the sanctions imposed on the plaintiff were in breach of the Senior Staff Rules and Conditions of Service
  3. 3 Whether the license agreement conferred proprietary interest or was revocable at will

Ratio Decidendi

The plaintiff was a contractual licensee with no proprietary interest in the property; the license was lawfully revoked with reasonable notice. His refusal to vacate and subsequent conduct constituted gross misconduct, justifying summary dismissal under the Senior Staff Rules and Conditions of Service. There was no breach of natural justice or the Constitution, and the lower courts' findings were supported by the evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Decision of the Court of Appeal affirmed