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JUSTICE AWUKU-SAO
V.
GHANA SUPPLY COMPANY LTD

(2009) JELR 68466 (SC)

Supreme Court 11 Mar 2009 Ghana
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- The Supreme Court upheld dismissal of the plaintiff (Managing Director), ruling that the company’s Senior Staff disciplinary procedure did not apply to his special appointment; only the terms of his appointment letter governed disciplinar

Case Details

Suit Number:CIVIL APPEAL J4/15/2008
Judges:BROBBEY J.S.C. (PRESIDING,ANSAH J.S.C,ADINYIRA J.S.C,DOTSE J.S.C.,ANIN YEBOAH J.S.C.
Counsel:PETER ZWENES FOR THE APPELLANT; S. K. AMOAH FOR THE RESPONDENT.

JUDGMENT

ADINYIRA (MRS), J.S.C:-

This is an appeal against the judgment of the Court of Appeal dated 4 February 2005 affirming an earlier judgment of the High Court Accra dated 1 March 2004 dismissing the action of the plaintiff/appellant ( hereinafter plaintiff.) The grounds of appeal are:

1. The Court of Appeal erred in upholding the finding made by the learned trial judge that the comments submitted by the Plaintiff on the Interim Audit Report constituted a hearing and an opportunity to present his side of the case. The failure by the Court of Appeal to set aside that wrongful finding has occasioned the Plaintiff a grave miscarriage of justice.

2. The Court of Appeal fell into grave error in upholding the judgment of the trial court which judgment was totally against the weight of the evidence adduced at the trial having regard particularly to the unproven allegations of misconduct levelled against the Plaintiff and the trial courts own finding amongst others that the Final Audit Repor…

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