[2002]DLCA6662 • May 30, 2002 • Court of Appeal
BERNARD KOJO MENSAH & ANOR vs. BILTON BOGOSO GOLD LIMITED
WOOD, JA The plaintiff/Respondents were working as night duty watchmen at Chujah crossing on the defendant/appellant company’s gold concession, when one of the company’s truck and a hired mini bus were involved in a collision. The company alleged the accident was as a result of their negligence and so declared them off-site. In practical terms, their services were dispensed with forthwith. Claiming that they were employees, they sued them for a declaration that their dismissal was wrongful, prayed the court for the sum of ¢10 million as compensation for the said act and for any other appropriate orders. Clearly dissatisfied with the decision of the trial court, which gave to each respondent ¢4,470,00 as damages for wrongful dismissal, the appellants have appealed to us in this court on the following grounds: a) “That the judgment is against the weight of evidence adduced at the trial. b) That the High Court against the weight of evidence adduced at the trial erred ...