[2008]DLCA6585May 22, 2008Court of Appeal

PAUL MEIER & TRAPEQ LIMITED vs. CHEDJI BARNABE & ZOUNON ALAIN

The plaintiffs, Paul Meier and Trapeq Limited, initiated legal action against the defendants, Chedji Barnabe and Zounon Alain, alleging interference with company management and seeking damages for financial loss. The defendants counterclaimed for entitlements including a percentage of company assets and end of service benefits. The dispute arose after Paul Meier left for medical treatment in Europe, leaving the defendants in charge, during which time alleged mismanagement occurred. The defendants refused to proceed on leave and claimed wrongful termination and end of service benefits. The High Court dismissed the plaintiffs' claims and awarded damages and benefits to the defendants.

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A.ASARE KORANG, JA On the 11th day of May 2006, the High Court, Kumasi gave judgment dismissing the claim of the 2nd plaintiff – Company, 2nd appellant herein and found for the 1st and 2nd defendants, respondents herein on their counterclaim on the basis that the respondents had proved their case on the balance of probabilities and were entitled to succeed. In favour of the 1st respondent, CHEDJI BARNABE, the learned trial judge made the following awards: a. “The plaintiff company will pay to the 1st defendant an amount equal to thirty six months salary as damages for wrongful termination of the appointment of the 1st defendant. b. The plaintiff company will also pay the sum of 500,000 US Dollars to the 1st defendant as his end of service benefits.” For the benefit of the 2nd respondent, ZOUNON ALAIN, the awards were in these terms:— c. “The plaintiff Company will pay an amount equal to thirty six months salary as damages for the appointment (sic) of the 2nd defen...