SAM WOOD LTD. vs. LUKE BEYUO DERY [2013]DLCA6950

Date	2013-02-28
Suit No.	CIVIL APPEAL NO. H1/150/2012
Citation No.	[2013]DLCA6950

F.G. KORBIEH J.A. (PRESIDING)

AGNES M. A. DORDZIE (MRS) J.A.

CECILIA HANZY-SOWAH (MRS.) J.A.

MR. K. O. AMPONSAH DADZIE FOR THE DEFENDANT/APPELLANT

MR. NTOW-FIANKO FOR THE PLAINTIFF/RESPONDENT

[2013]DLCA6950
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													<main id="main" class="content" style="min-height: 60rem" >SAM WOOD LTD.<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>LUKE BEYUO DERY<o:p></o:p>(PLAINTIFF/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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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO. H1/150/2012 &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: 28TH FEBRUARY, 2013<o:p></o:p>

MR. K. O. AMPONSAH DADZIE FOR THE
DEFENDANT/APPELLANT<o:p></o:p>

&nbsp;MR. NTOW-FIANKO FOR THE PLAINTIFF/RESPONDENT<o:p></o:p>

</div>CORAM: <o:p></o:p>F.G.
KORBIEH J.A. (PRESIDING), AGNES M. A. DORDZIE (MRS) J.A., CECILIA HANZY-SOWAH
(MRS.) 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="margin-bottom:0in;margin-bottom:.0001pt;
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mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>F.G.
KORBIEH, J.A. :<o:p></o:p>Until
the 29/6/2007 the plaintiff/respondent herein was the Marketing Manager and
Head of the Marketing Department of the defendant/appellant company which is Limited
Liability Company. The company is registered on the Ghana Stock Exchange as a
public company whose shares are traded at the Stock Exchange. On the date first
mentioned above he received a letter of even date signed by the Executive
Chairman of the defendant company informing him that his contract of employment
with the company had been terminated. Obviously unhappy with that letter the
plaintiff/respondent wrote a protest letter to the Board of Directors of the
company petitioning the board against the termination of his appointment. The
board, in response to this petition, rather confirmed the decision of the
Executive Chairman. Subsequently there was some correspondence between the
lawyers of the two parties but that failed to resolve the impasse. The
plaintiff/respondent therefore sued the company alleging wrongful dismissal.
Some of the averments made by him in his writ of summons were as follows: that
since his appointment on the 13/5/2003, he had carried out his work
satisfactorily without reprimand or query; that he had continually offered
useful suggestions towards the enhancement of the objectives of the company but
his suggestions had not been heeded; that the Executive Chairman had, by a
letter dated 26/6/2007, blamed him for the poor sales realized by the company
and given him three months within which to achieve the sales targets expected
by the company; that without any basis the Executive Chairman wrote the letter
terminating his appointment which amounted to wrongful dismissal and that he
was instructed to vacate his official residence but he had not done so. He had
prayed for the following reliefs from the High Court, Accra: <o:p></o:p>“a.
A declaration that the purported termination of the Plaintiff’s appointment,
subsequent to the blame that he was responsible for the poor sales realized by
the Company amounted to wrongful dismissal. <o:p></o:p>b.
General Damages for wrongful dismissal. <o:p></o:p>c.
Declaration that the Defendant’s directive that he should vacate from the
official residence is unjustified, in the circumstances. <o:p></o:p>d.
Perpetual injunction restraining the Defendants, Agents, Servants, Workmen,
Assigns, Privies from interfering with Plaintiff’s use of the official premises
until otherwise directed by the court. <o:p></o:p>e.
An order for the Plaintiff’s re-instatement. <o:p></o:p>f.
An order for the payment of salaries, allowances, benefits and remuneration due
him time as the time of judgment. <o:p></o:p>g.
Any other order as to this court may deem fit.” Sic<o:p></o:p>&nbsp;In response to the plaintiff’s averments, the
defendant company had denied that the termination of the plaintiff’s
appointment amounted to wrongful dismissal. The defendant further averred that
the termination of the appointment had been done in accordance with the terms
and conditions of service regulating the appointment of the plaintiff. The
defendant admitted that the Executive Chairman had written a letter to the plaintiff
blaming him for poor sales and giving the plaintiff three months within which
to achieve the sales target that the company expected. The defendant however
averred that the Board of Directors found the plaintiff’s letter addressed to
it in reaction to his letter of termination of appointment “antagonistic,
abusive, vitriolic and couched in intemperate language setting the Plaintiff in
direct confrontation with the Chief Executive” for which reason it decided “to
confirm the decision to terminate the Plaintiff’s appointment” and further that
“the decision of the Board of Directors was made with due regard to the terms
and conditions of the Plaintiff’s appointment”. The defendant also averred that
since it had offered all benefits due the plaintiff to him, he had lost nothing
and hence his action in court was unwarranted and should be dismissed with
punitive costs. The defendant then counterclaimed for (a) and order of
ejectment of the plaintiff from the official residence, (b) an order that any
costs incurred by the defendant in hiring alternative accommodation for the
plaintiff’s replacement in the job should be deducted from the plaintiff’s
terminal benefits and (c) costs. <o:p></o:p>At
the close of pleadings eight issues had been set down for determination but
they all bordered on the issue whether or not the termination of the
plaintiff’s employment in the circumstances amounte</main>