MATE vs. AMANOR [1973]DLHC2323

Date	1973-02-14
Suit No.
Citation No.	[1973]DLHC2323

ABBAN J.

K. A. TABI (OHENE-AMPOFO LEADING HIM) FOR THE PLAINTIFF.

J. O. DADEY FOR THE DEFENDANT.

[1973]DLHC2323
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													<main id="main" class="content" style="min-height: 60rem" >MATE <o:p></o:p>vs. <o:p></o:p>AMANOR <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
1 GLR 469<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
14 FEBRUARY 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

K. A. TABI (OHENE-AMPOFO LEADING HIM) FOR THE
PLAINTIFF.<o:p></o:p>

J. O. DADEY FOR THE DEFENDANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ABBAN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.<o:p></o:p>In this
action, the plaintiff is claiming from the defendant ¢5,000.00 damages for
enticing one Margaret Dede Konotey who is the wife of the plaintiff.<o:p></o:p>The
plaintiff is an accountant and was married to his said wife, in or about 1966,
in accordance with Manya Krobo custom. Both the plaintiff and the wife come
from Krobo Odumase. After the marriage, the wife came to live with the
plaintiff in Accra where the plaintiff had been working and where they apparently
set up their matrimonial home.<o:p></o:p><o:p>&nbsp;</o:p>In April
1969, the wife left Accra for Krobo Odumase to spend the Easter holidays. On
her return from the said holidays, she informed the plaintiff of her desire to
take up employment at the defendant’s hotel called Liberty Hotel. She produced
to the plaintiff an agreement which set out the terms and the conditions of
service which were to govern her employment at the said Liberty Hotel. She
asked the plaintiff for his approval. She also requested the plaintiff to sign
the said agreement presumably, as a witness to her signature.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff said, after perusing the agreement, he refused to sign it. The wife
then left for Krobo Odumase, and some three days later, he had information that
she was working at the defendant’s said Liberty Hotel at Krobo Odumase. So he
wrote three letters to the wife. In those letters, he said he warned her to
leave the hotel. But the wife did not pay heed to the warning.<o:p></o:p><o:p>&nbsp;</o:p>When the
plaintiff realised that the wife was not prepared to leave the hotel, he went
to Krobo Odumase to see the defendant. In an interview with the defendant in
the defendant’s office, the plaintiff requested the defendant to release his
wife from the services of the hotel on that very day of the interview. The
defendant became offended and did not only refuse to countenance the
plaintiff’s said request, but also drove the plaintiff away from the office.
This was in the presence of one of the employees of the defendant who had then
come to the office to see the defendant.<o:p></o:p><o:p>&nbsp;</o:p>From the
defendant’s office, the plaintiff went and lodged a complaint against the
defendant with one Asafoatse Kpabitey Kwao who, after arbitrating on the
complaint with his elders, decided that the defendant should release the wife
from the service of the hotel. The arbitration took place on 14 June 1969, and
the said release was to be effected by the defendant at the end of that month.
That is, at the end of June 1969, the defendant was to pay the wife and then
discharge her from her obligations under the contract of employment which she
had entered into with the defendant.<o:p></o:p><o:p>&nbsp;</o:p>It is the
contention of the plaintiff that the defendant again refused to comply with the
terms of the arbitration award, but continued to employ the wife and, above
all, cohabited with her. The plaintiff therefore maintains that the defendant’s
conduct on the whole amounted to enticement.<o:p></o:p>