KOFI AGYEN-MENSAH vs. KUAPA KOKOO LTD. PER ITS MANAGING DIRECTOR [2014]DLHC8511

Date	2014-11-10
Suit No.	SUIT NO. C12/131/12
Citation No.	[2014]DLHC8511

HIS LORDSHIP JUSTICE JACOB B. BOON

H. K. KODUA (WITH FELIX DATSOMOR) FOR THE PLAINTIFF

SOLOMON OPPONG TWUMASI FOR THE DEFENDANT

[2014]DLHC8511
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													<main id="main" class="content" style="min-height: 60rem" >KOFI
AGYEN-MENSAH<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>KUAPA KOKOO LTD. PER ITS MANAGING DIRECTOR<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH
COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. C12/131/12&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 10TH
NOVEMBER, 2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>H.
K. KODUA (WITH FELIX DATSOMOR) FOR THE PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SOLOMON
OPPONG TWUMASI FOR THE DEFENDANT&nbsp; <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;
padding:0cm 0cm 1.0pt 0cm">

HIS
LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

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

</div>The
plaintiff in this action was an employee of Defendant, a limited liability
company registered under the Laws of Ghana, with its headquarters at Asokwa in
Kumasi. It deals in the purchase of cocoa beans. Plaintiff was the
Administrative Manager of the company until his appointment was terminated through
a letter dated 29th December, 2011, to take effect from 30th
December, 2011, a day after it was written. It was signed by one Christiana
Agyare as Board Chairman and tendered in evidence as exhibit ‘A’. The reason
assigned for the termination of the appointment of plaintiff was stated in it.
It indicated that the Board of the Company had given directives for its
restructuring in order to strengthen operational and financial controls and, as
a result, plaintiff was informed his services as Administrative Manager were no
longer needed, effective 30th December, 2011. He was directed to
hand over his duties and all company properties and assets in his custody to
the Acting Managing Director by close of work of the effective date of
termination of his appointment.<o:p></o:p>He
tendered in evidence his appointment letter as Administrative Manager, marked
as exhibit ‘C’. It shows that he was appointed to the position on 1st
September 2008, implying he held the post for a little over three years at time
of the termination though he asserted in his statement of claim that he was
employed by the Company on 1st April, 2002 as Administrator of Kuapa
Kokoo Farmers Union, and by dint of hard work he rose to the position he held
before he left the employment of the company. According to him, for all the
period he was with the Company neither the Board nor Management had occasion to
question his performance or conduct. He created the impression he was a
committed and dedicated worker who rendered selfless services to his employer,
thus assisting to uplift and enhance the Company in its core business of
purchasing cocoa beans. It is his further case that he was therefore baffled
when he was served with the termination letter on the flimsy excuse that the
Company was being restructured, more so when no such decision was taken by the
Board because he would have been aware of any intended restructuring exercise
as the Secretary to the Board. He thus asserted in paragraphs 7 to 10 of his
amended statement of claim as follows:<o:p></o:p><o:p>&nbsp;</o:p>7 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It
is the case of the plaintiff that in his capacity as Administrative Manager and
as Secretary to the Board of Directors of the Defendant Company who was not in
any way made aware of the need to restructure the organization of the defendant
company, the decision by the Board of Directors to terminate his appointment on
a flimsy excuse of restructuring the Company was really actuated by malice/ ill
motive and for that matter unfair/wrongful and unjust.<o:p></o:p>8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
plaintiff contends that the termination of his employment was against the terms
of his conditions of his employment.<o:p></o:p>9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
plaintiff believes that the decision of the Board of Directors to so unfairly
terminate his (plaintiff’s) Appointment without the least knowledge of
management with the termination letter signed by Board Chairperson herself and
not the Managing Director, was actuated by malice /ill motive one being the
desire of the Board of Directors to prevent him from enjoying a Long Service
Award</main>