Court orders siezure of university vehicles

By William Yaw Owusu and Richard Gould

Fiday,July21,2006
Twenty five vehicles belonging to the University of Ghana,Legon, are to be auctioned to defray about 61,940.97 pound sterling being pension arrears from March 1993, to date owed a former expatriate lecturer.

The auction is on the oders of an Accra High Court presided over by Mrs. Justice H. Inkumsah-Abban.

The court, had earlier on January 28, last year awarded 15 million cedis cost against the University.

An inventory of the 25 cars to be auctioned was jointly signed by the Deputy Sheriff’s Officer, E. A. Mensah and the Judgment Debtor on July 12, 2006. It includes buses, minibuses, pick-ups and a tanker

The facts of the case are that when Dr. J.E.M.J. Van Landerwijk was employed by the University from 1958 to September 30, 1983 as a lecturer at the Geology Department.He returned to the university as a visiting lecturer and consultant in 1989.

His contract stipulated that he be paid an annual pension of 4,659.69 pounds sterling with an annual increment of 105 pounds sterling.

When he retired in 1983 the University paid his pension regularly untiln 1993. On November 2, 1987, Dr. Van Landerwijk wrote to his former employer to inquire about his annual increment he was informed that it had been suspended due to “financial constraints”.

Although the University acknowledged that they owed the plaintiff arrears for 19 months they later wrote to him and claimed that he was entitled to an annual pension of 2,364.56 pounds because a mistake had been made in the calculation of the exchange rate.

The University then implemented its decision by converting the pension into cedis from October 1996 and in 1997, Dr. Van Landerwijk brought the University to court where he claimed an additional cost for importing a car into Ghana in 1989—the year he returned to teach at the University.

He further claimed that upon his return he had conducted consultancies on behalf of the University, but was never paid for that.

The University, on the other hand, contested the issue and brought a counter claim that they had brought to Dr. Van Landerwijk’s attention the over-payment due to the error in exchange rate calculation.

They further claimed that the engagement of the plaintiff by the Geology Department at the time was without their consent and had no knowledge of his consulting work on their behalf and sought an order to eject the plaintiff from the University’s bungalow and an order for payment of rent.

The Judge, in her ruling, said, “It can easily be ascertained that the Plaintiff stayed on because he was claiming his entitlement and since has been adjudged to be entitled to his claim it is only fair that he should also now be ready to give up the accommodation and also pay rent calculated based on whatever rent was chargeable from 1997 when the suit was filed”.

The Judge, however, said, “In the interest of justice and fair play I find that the Defendant is entitled to its counter-claim, but can only enforce the judgment of counter-claim after it has paid the plaintiff all his entitlements”.