[2006]DLCA6572 • July 14, 2006 • Court of Appeal
PAUL GYENIN vs. AFRICAN EXPLOSIVES LTD
ABBAN [MRS.] J.A. This is a unanimous decision of the Court. This is an appeal from the judgment of the High Court, Kumasi dated 13th October, 2003, presided over by his lordship J.K. Abraham. The appellant [hereinafter referred to as the Defendant] is a limited liability company operating at Bogoso but having a branch at Obuasi. The Respondent [hereinafter referred to as the Plaintiff] was until his dismissal the site superintendent of the Defendant company's branch at Obuasi. The facts of this case are that during the tenure of office of the plaintiff, the Defendant company received a series of reports involving stealing, fraudulent deals and conflict of interest connecting some members of its staff at the Obuasi branch in contravention of the Company's policy. The plaintiff/Respondent in his position as the site superintendent knew of all those occurrences at the Branch. The Defendant/Appellant commissioned a private investigator to investigate all illegal and unlawful occurre...