[2019]DLCA7802May 28, 2019Court of Appeal

SAMUEL DUAH (PLAINTIFF/RESPONDENT/APPELLANT) vs. ASHANTI GOLDFIELDS LTD. (DEFENDANT/APPELLANT/RESPONDENT)

MARIAMA OWUSU, J.A. On 18th December, 2014, the High Court, Kumasi, gave judgment for plaintiff against defendant. In his judgment, the trial Judge held among other things as follows: “The conduct of Ocran and the team left much to be desired and I am inclined to reason that the action against the plaintiff was orchestrated and arranged to implicate him so as to get rid of him from defendant company. For these reasons I am opined that the Committee that investigated the allegation against him did not appreciate fully the nature of the evidence available to it when it recommended the dismissal of the plaintiff for stealing when evidence did not establish beyond reasonable doubt that he stole the gold product allegedly found in his jacket retrieved from kiosk close to the barrier he manned. I however agree with counsel for the defendant that the Committee did not breach any of the rules of natural justice as by the evidence of plaintiff, he was given the opportunity to be heard .....