[1979]DLCA1114 • November 15, 1979 • Court of Appeal
REPUBLIC vs. STATE HOTELS CORPORATION; EX PARTE YEBOAH AND OTHERS
The respondents, employees of State Hotels Corporation posted to Atlantic Hotel, Takoradi, engaged in a fraudulent scheme involving the purchase and resale of potatoes at inflated prices, sharing the illicit profits among themselves. Upon discovery, a board of inquiry was appointed, which led to their summary dismissal by the managing director. The respondents admitted guilt but challenged their dismissal and the board's report via certiorari, alleging breach of natural justice and lack of opportunity to defend themselves.
read moreJUDGMENT OF EDUSEI J.A. By the judgment of the High Court, Sekondi, presided over by Sarkodee J. and dated 6 July 1977, the proceedings of a board of inquiry of 6 September 1976, and the decision by the appellants to dismiss the respondents herein were quashed by an order of certiorari. It is against this judgment that the State Hotels Corporation have lodged this appeal. I think a resume of the facts of this case may assist in the elucidation of the reasons about to be given in support of the judgment of this appeal. In my view this appeal also raises a very significant point of law of great interest to both employer and employee. The respondents in this case were employees of the State Hotels Corporation and were posted to Atlantic Hotel, Takoradi. On a certain date Frank Yeboah, an accounts clerk at Atlantic Hotel, the first respondent, received 1,512 1bs. of potatoes meant for the said hotel at 70p. per 1b. from a certain gentleman called Ibrahim. The first respo...