Agbeli Vrs Merchant Bank Ghana Ltd [2021] GHASC 85 (7 July 2021)

The appellant’s actions were within the discretion allowed by the bank’s credit policy, were ratified by higher authorities, and did not cause financial loss or misconduct. The lower courts failed to properly consider documentary evidence supporting the appellant. His summary dismissal was therefore wrongful.

Citation: [2021] GHASC 85
Parties: Plaintiff/appellant/appellant: David Agbeli; Defendant/respondent/respondent: Merchant Bank Ghana Ltd.
Court: Supreme Court
Jurisdiction: Ghana
Judgment Date: 7 July 2021
Procedural Posture: Civil Appeal / Final Appeal (supreme Court)
Outcome: appeal allowed; judgment of Court of Appeal set aside
Legal Topics: Wrongful Dismissal, Breach of Contract, Summary Dismissal, Employment Benefits, Ratification of Acts, Banking Credit Policy
Source Language: English

Employment Law Contract Law Banking Law Wrongful Dismissal Breach of Contract Summary Dismissal Employment Benefits Ratification of Acts +1 more

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 4

Parties

David Agbeli

Plaintiff/appellant/appellant

Merchant Bank Ghana Ltd.

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appeal (supreme Court)

Legal Issues

1 Whether the appellant’s acts breached the Credit Policy of the defendant bank
2 Whether the appellant’s acts amounted to misconduct
3 Whether his summary dismissal is justified

Ratio Decidendi

Court Disposition

appeal allowed; judgment of Court of Appeal set aside

Orders

Appellant’s dismissal declared wrongful
Appellant awarded salary and allowances for fifteen months from date of dismissal