KOFI SENKYIRE vs. ABOSSO GOLDFIELDS LTD [2006]DLSC2424

Date	2006-06-26
Suit No.	CIVIL APPEAL NO. J4/20/2005
Citation No.	[2006]DLSC2424

ACQUAH C.J. (PRESIDING)

WOOD J.S.C.

DR. TWUM J.S.C

PROF. OCRAN J.S.C

ANINAKWA J.S.C.

MR. FRED AWUAH WITH MR. NTWO FIANKO FOR APPELLANT.

[2006]DLSC2424
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													<main id="main" class="content" style="min-height: 60rem" >KOFI SENKYIRE<o:p></o:p>vs.<o:p></o:p>ABOSSO GOLDFIELDS LTD<o:p></o:p>[SUPREME
COURT]<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; CIVIL APPEAL NO. J4/20/2005<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE: 26TH JUNE, 2006.<o:p></o:p>

</div>COUNSEL:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MR.
FRED AWUAH WITH MR. NTWO FIANKO FOR APPELLANT.<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ACQUAH,
C.J. (PRESIDING), WOOD, J.S.C.,DR. TWUM, J.S.C., PROF. OCRAN, J.S.C., ANINAKWA,
J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>J U D G M E N T<o:p></o:p>&nbsp;ANINAKWA, J.S.C.:<o:p></o:p>&nbsp;This is an appeal from the unanimous judgment
of the Court of Appeal dated the 25th July 2002 reversing the decision of the Circuit
Court, Tarkwa.<o:p></o:p>The
Appellant (hereinafter referred to as the Plaintiff.) was in the employment of
the Respondents (hereinafter referred to as the Defendants), on the terms
contained in the letter of appointment dated the 26th September, 1996.which is
in evidence as Exhibit 1. There is also in evidence as Exhibit 3 the
Defendants’ full Conditions of Service titled, “ABOSSO GOLDFIELDS LTD
CONDITIONS OF SERVICE”<o:p></o:p>These
two Exhibits spell out in full details the Terms and Conditions of the
Plaintiff’s employment, which took effect from the 1st October.1996.<o:p></o:p>The
plaintiff was appointed to join the Defendants` Staff as core Cutter/Sampler
based at the Damang Gold mines. The Plaintiff rose to become the foreman of the
Sampling Department of 14 men.<o:p></o:p>&nbsp;On 29th March, 1999 the plaintiff went to work
with his group of 14men at 6:30pm and closed at 5:30am the next morning, i.e.
on the 30th March 1999. On this fateful day the plaintiff, contrary to the
normal practice at this department on closing days, despatched the workers
under him to go by the bus and directed the driver to come later to pick him.
As had been arranged the bus came to pick him alone to the security gate.<o:p></o:p>&nbsp;When the bus reached the Security gate and he
got down, the security man on duty at the gate confronted him of his mission.
He informed the security man that he was looking for a friend, one Kenneth
Nukute. Not satisfied with the plaintiff’s said reply, the security man
inspected a sample bag which Plaintiff was carrying. The security man found
that the bag contained gold bearing rocks and immediately informed Plaintiff
that he was under arrest for attempting to steal the sample. Plaintiff was made
to write a statement. The Defendants, invoking the disciplinary rules in the
Terms and Conditions of Plaintiff `s employment, imposed on him an instant
suspension.<o:p></o:p>Two
weeks later he was invited to appear before a three man Committee to explain
his conduct in carrying the sample bag containing Gold bearing rocks to the
Security gate.<o:p></o:p>The
Committee was not satisfied with his explanation, and recommended that his
appointment be terminated and the relevant entitlements paid to him.
Accordingly the Defendants’ dismissal letter dated the 14th of April 1999, and
in evidence as Exhibit 2, brought the plaintiff’s employment to an end by
dismissal. The Plaintiff fired by his summary dismissal, on the 2nd August
1999, launched this action at the Circuit Court Tarkwa, Western Region,
claiming against the Defendants the following reliefs: - <o:p></o:p>“(a) General damages for wrongful and
unlawful dismissal.<o:p></o:p>&nbsp;(b) Payment of salaries and entitlements of
the Plaintiff, from 15th April 1999 plus interest thereon at the prevailing
Bank rate till date of judgment”.<o:p></o:p>On
19th February 2001, the Circuit court sitting at Tarkwa Western Region gave
judgment in favour of the Plaintiff for all the reliefs claimed by him, and
awarded him costs of 300,000 cedis against the Defendants.<o:p></o:p>&nbsp;Dissatisfied with the judgment of the Circuit
Court Tarkwa, the defendants on 2nd March, 2001, appealed to the Court of
Appeal on various grounds, the main one being that the Honourable Circuit Court
erred in holding the defendants liable for wrongful dismissal of the plaintiff,
as no evidence was led by the plaintiff to support this assertion.<o:p></o:p>The
judgment of the Circuit Court Tarkwa could not find favour with the learned
Judges of the Court of Appeal, and by their unanimous decision of the 25th July
2002,allowed the Defendants’ appeal and set aside the judgment of the Circuit
Court-Tarkwa dated 19th February, 2001.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>The
plaintiff has now, pursuant to leave granted him by the Court of Appeal,
appealed to this court on three main grounds thus -;<o:p></o:p>&nbsp;“(a)&nbsp;
The judgment is against the weight of evidence adduced at the trial.<o:p></o:p>&nbsp;(b)&nbsp;
That the Court of Appeal failed to appreciate the high standard of
proof&nbsp;&nbsp; required in the circumstances
before the Appellant would be dismissed by his employers. <o:p></o:p>