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ASHANTI GOLDFIELDS CO.LTD V. SAMUEL DUAL

(2012) JELR 65349 (CA)

Court of Appeal  •  CASE NO: HI/22/2011  •  30 Mar 2012  •  Ghana

Coram
JUSTICE MARIAMA OWUSU JA (PRESIDING), JUSTICE F G KORBIEH JA, JUSTICE IRENE C DANQUAH JA

Appearances
PAAPA DADSON WITH MISS ABRAHAMS AND BOBBY BANSON FOR DEFENDANT/APPELLANT; RICHARD AGYEMANG BOATENG FOR WILLIAM KUSU FOR PLAINTIFF/RESPONDENT.

Judgement

IRENE C DANQUAH JA

On 28th July, 2009, the High Court, Kumasi gave judgment as follows:

“This matter has lingered in this court since 2002. The Plaintiff has since closed his case but the defence will not produce the last witness. In the circumstances there is nothing I can do but to close the case of the defence. I therefore enter judgment for the Plaintiff as follows;

1. Damages for wrongful dismissal GH¢50,000.00

2. Damages for consequential lose (sic) GH¢20,000.00

3. Cost GH¢ 3,000.00

TOTAL GH¢73,000.00

In brief the facts of the case are these; The Plaintiff/Respondent was employed in the Security Service Department of the Defendant/Appellant Company between August, 2001 and 30th July, 2002. On 16th February, 2002, the Plaintiff/Respondent was interdicted pending investigations into his alleged involvement in the stealing and possessing gold product. A disciplinary body or panel set up by the Defendant/Appellant investigated the matter. On 30th July, 2002 the Plaintiff/Respondent was dis…

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