UNIVERSITY OF GHANA vs. MENSAH [1986]DLHC1007

Date	1986-07-28
Suit No.
Citation No.	[1986]DLHC1007

AMMAH J.

WONTUMI FOR THE APPELLANTS.

YANKSON FOR THE RESPONDENT.

[1986]DLHC1007
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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UNIVERSITY OF GHANA<o:p></o:p>

{HIGH COURT, ACCRA} <o:p></o:p>

[1984-86] 1 GLR 265<o:p></o:p>

DATE:
28 JULY 1986<o:p></o:p>

</div><o:p>&nbsp;</o:p>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">

WONTUMI
FOR THE APPELLANTS. <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;
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AMMAH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMMAH J.<o:p></o:p>This is
an appeal by the defendants - appellants (hereinafter referred to as the
defendants) from the judgment of the District Court Grade I, Tema. The
plaintiff-respondent (hereinafter referred to as the plaintiff) took an action
against the defendants for damages for wrongful termination of his appointment.<o:p></o:p><o:p>&nbsp;</o:p>The
relevant and brief facts show that before the termination of the plaintiff’s
appointment on or about 12 August 1982 he had worked for some time with the
defendants. At the material time he was a principal administrative officer, a
senior officer. His duties included allocation of the defendants’ houses and
worked under the executive engineer. It would seem a rented house belonging to
the defendants became vacant. Such rented houses were meant for the occupation
of the employees of the defendants and this would be with the consent and
approval of the executive engineer. Shorn of irrelevant facts the plaintiff
gave this vacant rented house to one Madam Afua Abrefi who was not an employee
of the defendants, according to him, to avoid any theft there. He did this when
the executive engineer was away and without his consent and approval. It was
alleged he collected rents from this lady and did not pay same to the
defendants.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff admitted in evidence that he did not have any authority from the
housing allocation committee to put Madam Abrefi in the said house. Mr. Ludwig
Osei, second witness for the plaintiff, said in cross-examination that it was
improper for the plaintiff to give the house to the lady as he did.<o:p></o:p>As a
result of the plaintiff’s behaviour and following a report from the executive
engineer to the registrar, a disciplinary committee of inquiry was appointed to
go into the matter. The plaintiff was represented by counsel. The disciplinary
committee of inquiry after their investigation made their report, tendered as
exhibit 2. In this report their recommendation with regard to the plaintiff
states among other things, that:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“In view
of the foregoing the committee recommends that Mr. Mensah be suspended for
fourteen days without pay. The committee further recommends his transfer from
not only the housing section but also from the estate organisation after
serving his suspension.”<o:p></o:p><o:p>&nbsp;</o:p>As a
result of the report the plaintiff’s appointment was terminated by letter No.
P. 9473/135 of 12 August 1982. The letter among other things, stated that,
“Such acts, (i.e. of the plaintiff) would amount to misconduct and the
university views them with grave concern.” In that letter the plaintiff was
offered “three months’ salary in lieu of notice as well as all benefits from
his past service.”<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff appealed to the vice-chancellor of the defendants against the
termination of his appointment but it was turned down by the latter’s letter
No. P. 9473 of 8 November 1982. In this letter the vice-chancellor made the
point that “the committee was a fact finding one which did not possess the
right to decide on sanctions.”<o:p></o:p><o:p>&nbsp;</o:p>It was
then th</main>