FRANK ADDAI NUAKO
V.
NEWMONT GHANA GOLD LTD. AND NEWMONT GOLDEN RIDGE LTD

(2021) JELR 108977 (CA)    
Court of Appeal  ·  H1/11/2020 ·  25 Mar 2021 ·  Ghana
CORAM
ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING), ALEX B. POKU ACHEAMPONG J A, SAMUEL K. A. ASIEDU J A
Core Terms Beta
appellant
counsel
1st respondent
appeal
2nd respondent
case
trial court
trial judge
additional grounds of appeal
appellate court
learned trial judge
leave of the court
additional grounds
cross-examination
disciplinary hearing
grounds of appeal
court of appeal rules
criminal offences
laws of ghana
notice of appeal
said judgment
statement of defence
weight of affidavit evidence
high courts
hr representative
judgment of the high court
similar vein
virtue of rule
case of the appellant
collective agreement of newmont
commission of the alleged offences
confined space
employee of the 2nd respondent
employ of the defendants
facts of the appellant
hearing of the case
natural justice
normal trial
omnibus ground of appeal
order of the honourable court
receipt of the record of appeal
said letter
state apparatus
summary dismissal of the plaintiff
times material
various witnesses
west african examinations council

JUDGMENT

DOMAKYAAREH (MRS.), JA

[1.] This is an appeal against the judgment of the High Court, Sunyani dated 13th December, 2018. In the said judgment, the trial judge dismissed the claims of the  Plaintiff/Appellant herein and entered judgment for the Defendants/Respondents  herein. For ease of reference, the Plaintiff/Appellant will be called the Appellant and the  Defendants/Respondents will be called the Respondents. 

The 1st Respondent is a company registered under the laws of Ghana and carries on  mining operations at Kenyasi in the then Brong Ahafo Region of Ghana while the 2nd Respondent is a subsidiary company of the 1st Respondent carrying on its operations at  Akyem in the Eastern Region. 

[2] The Appellant was until 23rd July, 2014, an employee of the 2nd Respondent. The  Appellant issued his Writ of Summons and Statement of Claim against the Respondents on 20 – 2 - 2015 jointly and severally for the following reliefs: - 

a. A Declaration that the summary dismissal of the pl…

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