JOHN TAGOE vs. ACCRA BREWERY LTD.

AYEBI J.A. Until 2nd August 2007, the plaintiff (now respondent) was for the past 36 years an employee of the defendant (now appellant). Immediately before the cessation of plaintiff’s employment, he was the driver in charge of vehicle No. GT 4598 X with which he transports defendant’s products to various parts of the country. On 10th July 2007, the plaintiff was to as usual go to Tamale with the products of defendant. For a round trip, his vehicle was supplied with 950 litres of diesel. Plaintiff drove the vehicle to defendant’s fuel station to be filled. According to the plaintiff, when the fuel tank of the vehicle was filled with 940 litres, he asked that the remaining 10 litres be put into a jerry-can. This is because when the tank is filled to the brim, the fuel spills on the bumpy and rough sections of the road. The request was not acceded to by the fuel station attendant, Maxwell Nkansah. A struggle ensued between the two over the fuel gun and or the jerry-can...