BANK OF WEST AFRICA LTD. vs. ACKUN

JUDGMENT OF SARKODEE-ADOO J.S.C. The two main questions raised in this appeal are, firstly, whether or not the learned trial judge erred in law in rejecting the secondary evidence of the defendants in the course of his judgment, such evidence having been admitted without objection whereas similar evidence of the plaintiff was considered and the judgment for the plaintiff based himself regarding the onus of proof placed on the defendants in respect thereon; and secondly, whether or not the learned trial judge misdirected of the additional or separate issue raised by them. The trial was before Ollennu J. as he then was, and this appeal is against his judgment delivered on the 20th November, 1961, in the High Court at Accra. The plaintiff’s claim was for the sum of £G600 being six months’ salary due to him as gratuity for services rendered as an employee of the of defendants. The particulars of claim as amended at the trial were as follows: “(1) The plaintiff was e...