VINCENTIA AKU ABUSA & ORS vs. A.K. DEKU [2012]DLCA6767

Date	2012-03-22
Suit No.	CIVIL APPEAL NO. H1/161/2011
Citation No.	[2012]DLCA6767

KANYOKE JA (PRESIDING)

HONYENUGA JA

ADUAMA OSEI JA

MR. AHUMAH OCANSEY FOR PLAINTIFFS/APPELLANTS

MR. F K A GEMEGAH FOR DEFENDANT/RESPONDENT

[2012]DLCA6767
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													<main id="main" class="content" style="min-height: 60rem" >VINCENTIA
AKU ABUSA &amp; ORS<o:p></o:p>(PLAINTIFFS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>A.K. DEKU<o:p></o:p>(DEFENDANT/RESPONDENT)<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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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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APPEAL NO. H1/161/2011&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;DATE: 22ND MARCH, 2012<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">MR. F K A GEMEGAH FOR
DEFENDANT/RESPONDENT <o:p></o:p>

KANYOKE JA (PRESIDING), HONYENUGA JA, ADUAMA
OSEI JA<o:p></o:p>

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</div>ADUAMA
OSEI <o:p></o:p>This
is an appeal against a judgment of the High Court, Accra, in which the High
Court rejected the Plaintiffs/Appellants’ contention that the
Defendant/Respondent was the alter ego of a dissolved limited liability company
and, accordingly, dismissed the reliefs claimed by the Plaintiffs/Appellants
against the Defendant/Respondent in respect of their grievances against the
dissolved company. <o:p></o:p>In
this judgment, the Plaintiffs/Appellants have been referred to as “the
Appellants” and the Defendant/Respondent has been referred to as “the
Respondent.” <o:p></o:p>The
Writ of Summons by which the Appellants’ action was initiated was issued in the
trial Court on the 16th of January, 2008, and it cited Securicor Limited and
A.K. Deku, the Respondent, as the 1st and 2nd Defendants respectively. On the
21st of July, 2008, on an application by the Appellants, the trial Court struck
out Securicor Limited as a party to the Suit and made an order joining
Securicor Ghana Limited as Co-Defendant. The trial Court further ordered that Securicor
Ghana Limited be served with copies of processes filed in the Suit within 8
days, and Securicor Ghana Limited was also ordered to react to its joinder
within 8 days of being served with the processes. <o:p></o:p>There
is no evidence on record that any processes were served on Securicor Ghana
Limited following the order of joinder, and there is also no evidence that
Securicor Ghana Limited filed any processes in reaction to the said order. It
does not, therefore, appear that Securicor Ghana Limited ever became a party to
the Suit. However, on the 30th of July, 2009, in the course of the trial, the
Plaintiffs asked for and obtained an order “striking out” Securicor Ghana
Limited as a party to the Suit, whatever its effect was. At the conclusion of
the trial therefore, the Respondent was the only defendant in the action. <o:p></o:p>The
reliefs indorsed by the Appellants on their Writ of Summons were the following:
<o:p></o:p>“a. declaration that the dissolution
of Securicor Limited and its replacement by Securicor Ghana Limited by 2nd
Defendant was a stratagem of exploitation to deny Plaintiffs of their lawful
benefits as employees of 1st Defendant. <o:p></o:p>“b. declaration that the termination
of Plaintiffs’ employment was unjustified and therefore wrongful and a nullity;
<o:p></o:p>“c. an order for Defendants, jointly
and severally, to pay damages to Plaintiffs for wrongful termination of
employment; <o:p></o:p>“d. an order for Defendants, jointly
and severally, to pay severance awards to Plaintiffs and all other benefits
legitimately due to them.” <o:p></o:p>In
the Statement of Claim that accompanied the Writ of Summons, the Appellants
described themselves as employees of Securicor Limited, and also described the
Respondent as the Managing Director and alter ego of the said company. The
Appellants alleged that by their letter dated the 27th of October, 2003,
Securicor Limited and the Respondent terminated their employment with Securicor
Limited and also informed them that Securicor Limited had been dissolved and
replaced by Securicor Ghana Limited. The Appellants alleged that in reaction to
the said termination, they petitioned the National Labour Commission for
redress but that Securicor Limited and the Respondent refused to co-operate
with the National Labour Commission, as a result of which they were compelled
to institute the Suit, the subject matter of this appeal. The Appellants
contended that the registration of Securicor Ghana Limited was a mere ruse by
which Securicor Limited and the Respondent were seeking to mask the wrongful
term</main>