[2011]DLCA7907February 17, 2011Court of Appeal

JONAS KWAMI DZAKAH (PLFF/RESPONDENT) vs. AKOSOMBO TEXTILES LIMITED AND E. K. DARKO (DEFENDANT)

AYEBI J.A. This is an appeal by the defendants hereinafter referred to as the appellants from the judgment of an Accra Circuit Court dated 15th July, 2008. The plaintiff now to be referred to as the respondent was a deputy supervisor in the Engraving Section of the 1st respondent, a well-known textiles manufacturing company. The 2nd respondent is the personnel manager of the 1st respondent company. The underlying facts which precipated this action by the respondent is instructive. The respondent on 6th June 2006 applied for and collected 20 pieces of copper plates from the stores. Inside the yard of the 1st appellant is a rubbish dump where garbage/rubbish generated by the 1st appellant’s activities are dumped and collected for disposal by Volta River Authority refuse trucks. In the morning of 9th June 2006, security personnel detailed in the parking yard discovered 21/2 (two and a half) bars of imported copper bars and 2 (two) locally manufactured copper plates in a fer.....