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ASHANTI GOLDFIELDS COMPANY V. ALEX OPOKU AND OTHERS

(2011) JELR 66262 (CA)

Court of Appeal  •  HI/25/2011  •  27 May 2011  •  Ghana

Coram
JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA

Appearances
ANTHONY DETSEWU ESQR FOR DEFENDANT/APPELLANT,NENE KORDA FOR KOFI ADDO FOR PLAINTIFF/RESPONDENT.

Judgement

IN THE SUPERIOR COURT OF JUDICATURE IN THE COURT OF APPEAL

KUMASI, ASHANTI REGION-GHANA A D 2011

IRENE C DANQUAH JA

The Defendant is a Mining Company operating in Obuasi and other places. Opoku, the 1st Plaintiff and three others until 12th December 1997 when they received letters terminating their appointment, worked in various capacities in the Defendant’s Mines at Obuasi. The 1st, 2nd and 3rd Plaintiffs were Machine (Wagner) Drivers whilst the 4th Plaintiff was a Blastman. The termination of the plaintiffs took retrospective effect from 14th November 1997. The contractual relationship between the Plaintiffs and the Defendant is governed by the Collective Bargaining Agreement [CBA] and Conditions of Service for Junior Staff as associated with the Ghana Mine Workers Union.

The facts antecedent to the commencement of the instant action are that on 5th September 1997, one Abraham Adjei, a Senior Blastman working with the same gang as the Plaintiff died underground. The Defendant promptly r…

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