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ACCRA BREWERY LIMITED
V.
JOHN TAGOE

(2012) JELR 65037 (CA)

Court of Appeal 10 May 2012 Ghana
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- This is an appeal against a decision of the High Court in Accra. - The plaintiff claimed damages for wrongful dismissal from employment. - The court found in favor of the plaintiff, stating that the termination of their employment was unf

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H1/21/2014
Judges:J. B. AKAMBA J.A. (PRESIDING), MARIAMA OWUSU J.A., E. K. AYEBI J.A.
Counsel:MR. FRANK DONKOR FOR PLAINTIFF/RESPONDENT,MR. GEORGE BEKAI FOR DEFENDANT/APPELLANT

JUDGMENT

MARIAMA OWUSU, J.A.:

This is an appeal against the decision of the High Court, Accra, dated 10-6-2009. In the said decision, the court gave judgment for the plaintiff and held among other things that:

“The incident that led to the wrong findings to the mind of this court was a struggle only. If this had been properly ascertained, by ART 39 of C.B.A. – Exhibit 4, it may just merit a warning letter as sanction and definitely not termination. The termination of the plaintiff’s appointment is not only unfair but wrongful. The first issue on the application for direction has been established by the plaintiff on the preponderance of the probabilities.”

The court then awarded the plaintiff damages saying, there had been breach of the contract of employment between the parties.

Dissatisfied with the decision of the High Court, the defendant/appellant appealed to this court. The defendant filed as many as ten (10) Grounds of Appeal. They are:

i. The judgment is against the weight of evidenc…

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