SETH APPIAH SARFO vs. THE CHIEF FIRE OFFICER [2006]DLCA5188

Date	2006-01-20
Suit No.	CIVIL APPEAL No. H1/256/05
Citation No.	[2006]DLCA5188

OWUSU (M/S) J.A. (PRESIDING)

KANYOKE J.A.

KUSI-APPIAH J.A.

[2006]DLCA5188
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													<main id="main" class="content" style="min-height: 60rem" >SETH APPIAH SARFO<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE CHIEF FIRE OFFICER<o:p></o:p>(DEFENDANT/RESPONDENTS)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL No. H1/256/05&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; 20TH JANUARY 2006.<o:p></o:p>

</div>CORAM:
<o:p></o:p>OWUSU (M/S)
J.A. (PRESIDING), KANYOKE J.A., KUSI-APPIAH J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>KUSI-APPIAH, J.A: This is an appeal from the
decision of the High Court, Cape Coast, delivered on 9th March 2005.
It is mainly an action for wrongly dismissal of the plaintiff by the defendant.
The defendant denied that their dismissal of the plaintiff was wrongful and
they have sought to justify it. What then are the facts of this case? <o:p></o:p><o:p>&nbsp;</o:p>The plaintiff, Appiah Sarfo, joined
the Ghana National Fire Service in 1992 as a recruit fireman. He was first
stationed at Cape Coast. On 19th August 2002, he was transferred to
Kintampo in the Brong Ahafo Region. The transfer took effect from 16th
September 2002. According to the plaintiff, he reported at Kintampo only to
realize that no accommodation had been provided for him in accordance with the
Fire Service Regulations. He claimed that after sleeping on the bare floor at
the Kintampo Fire Service Station for three days, he sought permission from the
District Fire Officer to come back to Cape Coast where he reported to the
Regional Fire Officer. He then initiated some moves including petitions and
personal contacts to his employers (i.e. the chief fire officer) and Commission
on Human Rights and Administrative Justice (CHRAJ) to provide him with a
service transfer vehicle or the decision to transfer him rescinded. On 15th
April 2003, the plaintiff was dismissed from the Fire Service for vacating his
past.<o:p></o:p>&nbsp;<o:p></o:p>&nbsp;Dissatisfied with his dismissal, the plaintiff
took action against the defendant in the Cape Coast High Court, claiming: -<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;“(a) A declaration that his dismissal from the
Ghana National Fire Service was wrongful.<o:p></o:p>(b)
An order for his re-instatement into the Ghana National Fire Service together
with his promotion and all entitlements OR IN THE ALTERNATIVE<o:p></o:p>(c)
Damages for wrongful dismissal.”<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;I will refer to the parties in the manner they
appeared at the court below. The defendant resisted the claim. After hearing
evidence from the parties, the trial Judge held that there was no merit in the
plaintiff’s case and therefore dismissed his claim. <o:p></o:p><o:p>&nbsp;</o:p>&nbsp;It is against this judgment that the plaintiff
has appealed to this court. Three grounds of appeal were filed and argued. They
are as follows: -<o:p></o:p><o:p>&nbsp;</o:p>(1)&nbsp;&nbsp; The Learned trial Judge erred in law
by holding that the plaintiff did not deserve to be given hearing as stipulated
in the Legislative Instrument L.I. 461 which governs the rules of service of
the Ghana National Fire Service. <o:p></o:p><o:p>&nbsp;</o:p>(2)&nbsp;&nbsp; The judgment is against the weight
of evidence led at the trial. <o:p></o:p><o:p>&nbsp;</o:p>(3)&nbsp;&nbsp; The judgment and findings made have
no basis in law. <o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>&nbsp;Arguing grounds (1) and (3) together Learned
Counsel for the plaintiff submitted that it was wrong for the High Court to
have concluded that the dismissal of the plaintiff from the employment of the
defendant was in accordance with the Fire Service Regulations, 1965, L.I. 461.
He contended that the dismissal of the plaintiff from the employment of Ghana
National Fire Service by the defendant is unlawful and wrongful because the
defendant had not observed the laid down disciplinary procedures. He maintained
that the combined effect of Regulations 19(b) and 20 of (Fire Services
Regulations 1965) L.I. 461, the erring employee must be given a fair hearing
before a Disciplinary Tribunal before a penalty is imposed on him when found
guilty of the charge. The plaintiff contended further that his dismissal
without a hearing before the Disciplinary Tribunal as spel</main>