[2006]DLSC6443 • April 26, 2006 • Supreme Court •
SAMIR FARIS vs. VASKEN BAKALIAN AND TAKORADI FLOUR MILL LTD.
The respondent, Samir Faris, claimed entitlement to end of service benefits and compensation totaling ¢190,000,000.00 from the appellant, Takoradi Flour Mill Ltd., alleging he was a member and former Acting General Manager/Managing Director of the company. He asserted he was entitled to six months' basic salary per year of service and an offshore salary component. The defendants denied the claims, alleging no contract existed for such payments and accused the respondent of misappropriation of company funds. The trial court awarded the respondent end of service benefits and offshore salary with interest, which was affirmed by the Court of Appeal. The appellant appealed to the Supreme Court.
read moreANSAH, J.S.C. The plaintiff sued for an order that the defendants paid all entitlements and amounts due him and interests thereon till the date of payment. He averred in his amended statement of claim that he was a member of the second defendant company and in consideration of diverse assignments and services he rendered the defendants, the defendants agreed to pay him a substantial sum of ¢190.000,000.00 by way of compensation. He also averred that he was entitled to end of service benefit when he resigned from the second defendant company at the rate of 6 months basic salary per each year of service at #[sic]150,000.00 and ¢138,937,500.00. Despite persistent demands the 2nd defendant refused to pay him. The first defendant denied substantially the claims by the plaintiff and more particularly that the plaintiff rendered any services or carried assignments to him or the Company; neither did they agree orally or in writing to pay any compensation of ¢190,000,000,00 or at all t...