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MANAGING DIRECTOR, GHANA FOOD DISTRIBUTION CORPORATION AND ANOTHER
V.
TORTO

(1993) JELR 66053 (CA)

Court of Appeal 14 Oct 1993 Ghana
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- The plaintiffs filed a lawsuit against the two defendants for wrongful dismissal, breach of contract, and unpaid salaries. - The defendants argued that they could not be sued in their capacities as they were not legal entities. - The tria

Case Details

Judges:ESSIEM JA, ADJABENG JA, LUTTERODT JA
Counsel:NUTSUKPUI FOR THE APPELLANTS; ADUAMA OSEI WITH HIM QUAINOO FOR THE RESPONDENT.

LUTTERODT JA

On 10 April 1992, the plaintiffs, acting through their solicitor, issued a writ against the two defendants jointly and severally for three reliefs.

These were for:

“(a) Fifteen million cedis damages for wrongful dismissal or wrongful termination of the plaintiffs’ appointments;

(b) Five million cedis damages for breach of contract with the plaintiffs;

(c) An order that the salaries, allowances and entitlements of the plaintiffs be paid from 1988, when they were interdicted to the date of judgment with interest at the prevailing bank rate”.

As the accompanying statement of claim clearly spelt out, the two plaintiffs were, until 1988, in the employ of the Ghana Food Distribution Corporation, and were both stationed at the corporation’s depot at Wenchi in the Brong-Ahafo Region. The 1st plaintiff joined the corporation in or around 1973 while the 2nd did so some seven years later.

The two defendants, on the other hand, are the Managing Director and Area Manager respectively of t…

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