CHARLES KWADWO GYASI vs. MINING BUILDING CONTRACTORS LTD

JUDGMENT OF DOMAKYAAREH (MRS), JA: [1] The facts of this case are that the Plaintiff/Appellant (who for the sake of brevity will be called the Appellant), was an employee of the Defendant/Respondent Company, hereinafter called the Respondent from 18th October, 2004 until 31st June, 2008 when he was dismissed by the Respondent. At the time of his dismissal, the Appellant was a Jack Hammer Operator. [2] The Appellant’s case is that on 31st June 2008, he and two other employees of the Respondent who were Blastsmen, went underground to work at Level 23 No 1354 cross-court. The two Blastsmen were Yahaya and Seidu Adams. He averred that after they had finished drilling, Yahaya, left him and Seidu Adams. He was then instructed by Seidu Adams to go round and tell all those working in the area that they were going to blast at 3:00pm. He complied with the instructions and upon his return, Seidu Adams told him that he had already lit the dynamite. The Appellant said as a result, he left his .....