[2013]DLCA8139April 18, 2013Court of Appeal

STEPHEN DIAB DARKO vs. CHIRANO GOLD MINE LTD.

DENNIS ADJEI,J.A: The defendant/appellant (hereafter called the defendant dissatisfied with the judgment of the High Court Sefwi Wiawso delivered on 9th December,2010 filed an appeal against the said judgment to this court. The plaintiff/respondent would be referred to in this appeal as plaintiff. The brief facts of the case which culminated in this appeal were that the plaintiff was an employee of the defendant company. The plaintiff worked with the elution section of the processing plant of the defendant mining company. The plaintiff’s work entailed the boiling of chemicals “for stripping of gold” and the taking in a two hourly interval, pressure and temperature readings at the top of the elution strainer column. He worked for 12 hours a day that is from 7:00am to 7:00pm. On 31st December, 2007 when the plaintiff went to take the last readings at the top of the elution strainer column for the day, an explosion occurred from the elution strainer which burnt some parts of his b...