The Accra Fast Track High Court has declared the termination of the appointment of the former headmistress of the Tema Parents' Association School as null and void.
The court, presided over by Mr Justice Edward Amoako Asante, described the governing board of the school which terminated the appointment of Mrs. Leona Anyele Nsakie- Kassim as an 'illegally constituted one.’
In its judgement, the court ruled that the appointment of the defendants as directors of the board of the school was of no legal effect and directed the reinstatement of the previous board.
Justice Amoako Asante was giving the ruling in a case which had dragged on for over two years between Mrs. Kassim and seven defendants who claimed to have terminated her appointment with effect from November 23, 2007.
Mrs. Kassim had sued the defendants, Mr E.O. Mensah, Mr G.W.K. Adanuvor, Mr Martey Plange, Mr S.A.S. Nunoo, Mr Eddie Armah, Mr A.B. Assan and Madam Carole Odamtten for wrongful termination of her appointment and wrongfully holding themselves up as Directors of the Board of the school.
She had prayed the court for a perpetual injunction to restrain them from unlawfully interfering with her employment contract.
She contended in her statement of claim that the defendants held an unlawful meeting during which they decided to terminate her appointment and caused her position to be advertised in the Daily Graphic of October 30, 2007.
She stated that the defendants dismissed her per a letter dated 27th November signed by Mr G.W.K. Adanuvor, who acted as the Chairman of the Board.
The plaintiff contended that the said Board had no lawful authority to dismiss her, hence the writ against them.
In its judgement, the court referred to the complaints of the defendants that the appointment of the previous Board which they purportedly ousted was illegal, pointing out that the appointment of the new Board did not also conform to the regulations of the company and was, therefore, equally illegal.
According to the court, the appointment of the new Board was in contravention of regulations 25 and 26 of the school.
General damages of GH¢3,000 was awarded against each of the seven defendants in favour of the plaintiff.
The court also awarded costs of GH¢3,000 jointly and severally against the defendants for the plaintiff.
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