[2007]DLCA7021 • November 15, 2007 • Court of Appeal
FOLY ADAMA vs. MESSRS. NORPALM ASA & ANOR
The plaintiff/respondent initiated a claim against the defendant/respondent alleging wrongful termination of employment. The parties reached a compromise recorded as a consent judgment awarding the plaintiff US$350,000. The dispute arose post-judgment regarding withheld tax deductions from the plaintiff's entitlements, leading to an application for joinder by the Internal Revenue Service (IRS) to recover US$68,132 withheld as tax.
read moreGBADEGBE, JA Delivered the judgment of the Court as follows: This is an appeal from the decision of the High Court holden at Sekondi that dismissed an application for joinder at the instance of the appellant herein. The circumstances in which the appeal herein was launched may be briefly stated as follows. The plaintiff-respondent commenced an action against the defendant-respondent in the court below claiming certain reliefs that from my opinion were based on an allegation by the plaintiff that the defendant wrongfully terminated his contract of employment. In the course of the proceedings the parties came to a compromise in respect of the claims that was recorded by the learned trial judge at page 168 of the record of proceedings as a consent judgment. By the terms of settlement filed by the parties, the plaintiff was entitled to a monetary award in the sum of US $ 350, 000.00; the only question reserved by the parties for the determination of the learned trial judge being the lengt...