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BERNARD KOJO MENSAH & ANOR V. BILTON BOGOSO GOLD LIMITED

(2002) JELR 64877 (CA)

Court of Appeal  •  CA/NO.193/2000  •  30 May 2002  •  Ghana

Coram
WOOD (MRS.) JA (PRESIDING), OMARI-SASU JA, ROSE OWUSU JA

Judgement

WOOD, JA

The plaintiff/Respondents were working as night duty watchmen at Chujah crossing on the defendant/appellant company’s gold concession, when one of the company’s truck and a hired mini bus were involved in a collision. The company alleged the accident was as a result of their negligence and so declared them off-site. In practical terms, their services were dispensed with forthwith. Claiming that they were employees, they sued them for a declaration that their dismissal was wrongful, prayed the court for the sum of ¢10 million as compensation for the said act and for any other appropriate orders. Clearly dissatisfied with the decision of the trial court, which gave to each respondent ¢4,470,00 as damages for wrongful dismissal, the appellants have appealed to us in this court on the following grounds:

a) “That the judgment is against the weight of evidence adduced at the trial.
b) That the High Court against the weight of evidence adduced at the trial erred in holding that the Pl…

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