CHARLES YAW FUGAH
V.
COCOA MARKETING COMPANY

(2011) JELR 69807 (CA)    
Court of Appeal  ·  SUIT NO.HI/188/10 A.D. ·  27 Jan 2011 ·  Ghana
CORAM
APPAU J.A. (Presiding), DUOSE J.A., OFOE J.A.
Core Terms Beta
plaintiff
defendant
committees
trial judge
case
defendant company
short weight
collective agreement
reasonable doubt
grounds of appeal
main issue
natural justice rule
plaintiff's admission
trial court
trial judgment
weight of evidence
appeared others
arrival of the cocoa
clear evidence of the plaintiff
cocoa bags
collective bargaining agreement
complaint of breach of the natural justice rule
contrary view
given situation
halburys laws of england
interested party
isaac duose
kumasi ex-parte mobil oil
learned trial judge
months notice
pleadings of the parties
prove of the guilt of the plaintiff
short weight of cocoa
short weights
state construction corporation
subject matter
submission counsel
substance of his submissions
such handicap
sufficient evidence
termination of certain staff
termination of plaintiff
thorough investigation
trial high court judge
whole of plaintiffs claims
wrong interpretation of these article

OFOE, J.A

I will refer to the plaintiff/appellant and defendant/respondent as plaintiff and defendant respectively as they were in the trial court. The defendant Company was occasioning losses arising out of short weight of Cocoa exported to its customers. Upon arrival of the Cocoa at the destination port of the customers, the Cocoa bags were found to be short weighted. The buyers therefore surcharged the defendants for these short weights. The defendant decided to investigate these losses and after thorough investigation by two committees a recommendation was made for the termination of certain staff including the Plaintiff. The recommendation was carried out and the Plaintiff's appointment was terminated. Aggrieved at the termination the Plaintiff sued the defendant claiming

(a) A declaration that the termination or purported termination of Plaintiff's employment is unlawful and null and void.

(b) An order restating the Plaintiff.

(c) Further or in the alternative damages for wrongful t…

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