OGOE vs. L’AIR LIQUIDE CO., LTD. [1973]DLHC2336

Date	1973-12-04
Suit No.
Citation No.	[1973]DLHC2336

ABBAN J.

JOE REINDORF FOR THE PLAINTIFF.

CHARLES M. CANN FOR THE DEFENDANT.

[1973]DLHC2336
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													<main id="main" class="content" style="min-height: 60rem" >OGOE <o:p></o:p>vs.<o:p></o:p>L’AIR LIQUIDE CO., LTD. <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 195<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:
4 DECEMBER 1972.<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">

JOE REINDORF FOR THE PLAINTIFF.<o:p></o:p>

CHARLES M. CANN 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 general and special damages for wrongful
dismissal. The defendant company admits that it dismissed the plaintiff
summarily from its employment, but it contends that it did so on good grounds.<o:p></o:p><o:p>&nbsp;</o:p>The facts
are that the defendant, a French company (hereinafter referred to as the
company) carrying on business in Ghana, employed the plaintiff as chief clerk
in 1957, on the salary of £G20 a month. When the present dispute arose, the plaintiff
had worked for the company in various capacities and his salary had been
increased to ¢180.00 a month. In 1969, the plaintiff was in charge of the
company’s new depot at Tema and there were other officers of the company
working under the plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>At the
depot, the plaintiff was in control of the company’s accounts. That is, he
received payments of moneys intended for the company and paid the same into the
company’s banking account; and he was also responsible for making purchases on
behalf of the company. The plaintiff therefore kept two separate accounts—an
account of moneys received and an account of moneys paid out. There is a petty
cash box at this depot. It was out of the money kept in this box that the
plaintiff was authorised to make the required purchases for the company.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>Some time
in or about February 1969, the plaintiff was in some financial difficulties,
and in consequence thereof, he resorted to the petty cash box and took
therefrom the sum of ¢160.00 without first obtaining the consent or permission
of the company. A check of his account’s books was made by the assistant
accountant of the company who came from Accra. During the check, the petty cash
box from which the plaintiff had taken the ¢160.00 was also checked, and, as
could be expected, it was found to be short of ¢160.00. The plaintiff tried to
explain away the absence of the ¢160.00, and promised to refund the amount. The
said assistant accountant, not being convinced of the plaintiff’s explanation,
reported the disappearance of the ¢160.00 from the petty cash box to his
superior officer, the Ghana Manager of the company, in Accra.<o:p></o:p><o:p>&nbsp;</o:p>The Ghana
Manager then deputed his next in command, the assistant Ghana Manager, together
with the said assistant accountant to go back to the Tema Depot, and to inform
the plaintiff of the company’s disapproval of his conduct of taking money from
the cash box for his personal use without first seeking the approval of the
company. The plaintiff repeated to this delegate his earlier promise to refund
the amount. He further explained that he did not intend to steal the money. He
only used it in settling maintenance bills in respect of his private car which
he was using partly for the business of the company; and because he had the
intention to refund it, he left in the petty cash box an I.O.U. chit to
indicate that he had taken the ¢160.00 as a loan which was to be repaid at a
later date.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff said this I.O.U. chit was picked from the petty cash b</main>