MARTIN A. ATUAHENE vs. GHANA COCOA MARKETING BOARD

MARFUL-SAU, JSC: - In this appeal we are called upon to determine whether the Plaintiff/ Respondent/ Appellant, who sued on behalf of 683 persons, herein referred to as Appellants, lost their employment with the Produce Buying Company Ltd and for that matter entitled to severance award under the Labour Act. The Court of Appeal sitting at Kumasi in its judgment under appeal had reversed the decision of the trial High Court, Kumasi which held that Appellants were entitled to severance award. The Appellants are therefore urging this Court to set aside the decision of the Court of Appeal on six grounds formulated in their Notice of Appeal as follows:- “i. The judgment is against the weight of evidence on record. ii. The Court of Appeal fell into error when they held that relief (i) endorsed on the Writ of Summons was without merit because the Plaintiff/ Respondent/Appellant and his colleagues had not at any time lost their employment with the Defendant/ Appellant/Respondent, Ghana.....