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L’AIR LIQUIDE GHANA LTD V. ANIN AND OTHERS

(1990) JELR 68204 (CA)

Court of Appeal  •  17 May 1990  •  Ghana

Coram
AMPIAH JA, ESSIEM JA, OFORI-BOATENG JJA

Judgement

OFORI-BOATENG JA

This is an appeal from the Circuit Court, Accra presided over by her Honour Judge Baabu. The case of the defendant-appellants, L’Air Liquide Ghana Ltd (hereinafter referred to as the appellants), was that they rightly dismissed summarily the plaintiff-respondents (hereinafter referred to as the respondents) on 17 September 1985 for stealing carbide, the property of the company. That the dismissal was in accordance with article 24 of the collective agreement.

The judgment against them must therefore be set aside. According to the undisputed facts of the case, some three boys were caught with three pieces of carbide. These boys identified the three respondents as the persons who sold them the items; and on the orders of the appellants, they were taken to the police station and kept overnight.

The next day the respondents were discharged. No charges were preferred against them and the appellants were advised to take a departmental action rather than a criminal action throu…

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