[1985]DLCA840 • October 29, 1985 • Court of Appeal
ARYEE vs. STATE CONSTRUCTION CORPORATION
The defendant, employed by the State Construction Corporation since June 1974 as a senior technical officer and later principal training officer, was dismissed by letter dated 4 August 1980 effective 11 August 1980. The letter included instructions for vacating a corporation bungalow and payment of entitlements including three months' pay in lieu of notice. The defendant refused the payment and retained possession of the bungalow beyond the three months without paying rent. The corporation sued for recovery of possession and mesne profits. The defendant counterclaimed that the dismissal was null and void and sought reinstatement.
read moreJUDGMENT OF ADADE JSC Adede J.S.C. delivered the judgment of the court. The defendant-appellant (hereinafter referred to simply as the defendant) was an employee of the State Construction Corporation, the plaintiffs (referred to hereafter as the corporation). He was engaged by the said corporation in June 1974 as a senior technical officer and by the date of his purported dismissal in August 1980, had risen to the post of principal training officer within the corporation. The position is inferior to that of a general manager or manager, but is nonetheless a senior post. By a letter dated 4 August 1980 (exhibit A) written over the signature of the managing director, the board terminated the defendant’s appointment with effect from 11 August 1980. Paragraphs 4, 5 and 6 of the said letter read: “4. You are to give the corporation, within three months, vacant possession of the bungalow allocated to you by reason of your employment. 5. By a copy of this letter the financi...