MICHAEL TETTEH ANGUAH vs CENTRE FOR SCIENTIFIC RESEARCH INTO PLANT MEDICINE [2021]DLCA16065

Date	2021-10-04
Suit No.	CIVIL APPEAL NO: H1/47/2021
Citation No.	[2021]DLCA16065

SOWAH J. A. (PRESIDING)

OPPONG J. A.

MENSAH-HOMIAH J. A.

JOSEPH KOW SAM

ALEXANDER ADJEI

[2021]DLCA16065
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													<main id="main" class="content" style="min-height: 60rem" >MICHAEL TETTEH ANGUAH<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>CENTRE
FOR SCIENTIFIC RESEARCH INTO PLANT MEDICINE<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>[COURT OF APPEAL, KOFORIDUA]<o:p></o:p>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

CIVIL APPEAL NO: H1/47/2021&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: 4TH OCTOBER 2021<o:p></o:p>

</div>CORAM<o:p></o:p>SOWAH
J. A. (PRESIDING), OPPONG J. A., MENSAH-HOMIAH J. A.<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>MENSAH-HOMIAH,
JA:<o:p></o:p>INTRODUCTION<o:p></o:p>Until the termination of his appointment which has culminated in
this appeal, Plaintiff/Respondent (Plaintiff) was an employee of
Defendant/Appellant (Defendant). As the name suggests, Defendant is a research
institution set up pursuant to the <span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">CENTRE FOR
SCIENTIFIC RESEARCH INTO PLANT MEDICINE ACT, 1975 N.R.C.D. 344. Plaintiff
challenged the termination of his employment at the High Court, Koforidua and
obtained judgment against Defendant on 20th June, 2019. Dissatisfied
with the judgment, Defendant caused a notice of appeal to be filed on 19th
September, 2019. In this judgment, the record of appeal will simply be referred
to as ‘ROA’.<o:p></o:p>&nbsp;BACKGROUND<o:p></o:p>Per the pleadings, Plaintiff, was employed as a labourer sometime
in 1987 and rose through the ranks to the position of a technician in the year
2012. In the course of his employment with Defendant, Plaintiff became a 25%
shareholder and one of three first directors of a private entity described as
First Classic Herbal Ltd which was established in 2005. Sometime in 2009,
Classic Herbal Centre entered into a production and supply contract with
Defendant. On or about 26th April, 2011, Defendant received a
correspondence that Plaintiff was a shareholder as well as a director of
Classic Herbal Centre Limited. To the Defendant, Plaintiff’s involvement with
First Classic Herbal Centre Limited when he was also in Defendant’s employment
amounted to a breach of section 54(n) of the conditions of service for senior
staff, conflict of interest, among others. While Plaintiff was on a 10-day
casual leave, he received a letter from Defendant to appear before a
disciplinary committee on 23rd December, 2011 on matters pertaining
to conflict of interest, breach of section 54(n) of the Conditions of service
for Senior Staff, among others. When Plaintiff appeared before the committee,
he indicated that he had a prior physician appointment scheduled for 1pm on the
same day so he was excused. Sensing that Plaintiff was deliberately evading the
committee, he was issued with a formal query dated 28th December,
2011. At the next meeting scheduled for 3rd January, 2012, Plaintiff
presented his response to the query in a letter dated 1st January,
2012. Plaintiff then told the committee that, he wanted his lawyer to be
present but the said lawyer was out of town. Reluctantly, the committee
adjourned proceedings. Whereas Plaintiff maintains that the committee undertook
to communicate the next sitting date to him, Defendant insists that,
proceedings were adjourned to 6th January, 2012 in the presence of
Defendant and he was aware of that date. The meeting proceeded on 6th
January, 2012 in the absence of Plaintiff who had by then resumed work and
recommendations made to Defendant. However, on 9th January, 2012,
Defendant caused two letters to be delivered to Plaintiff. The first letter was
an invitation to Plaintiff to appear before the committee on 6th
January, 2012, and the second letter notified him of the termination of his
appointment. It was Plaintiff’s case that he was not given a fair opportunity
to be heard.&nbsp; Consequently, he issued a
writ of summons against the Defendant at the High Court, Koforidua claiming the
following reliefs:<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="margin-top:0cm;margin-right:0cm;
margin-bottom:0cm;margin-left:72.0pt;margin-bottom:.0001pt;mso-add-space:auto;
text-align:justify;text-indent:-36.0pt;line-height:115%;mso-list:l6 level1 lfo1">(i)<span style="font-style: normal; font-variant-numeric: normal; font-variant-east-asian: normal; font-variant-alternates: normal; font-kerning: auto; font-optical-sizing: auto; font-feature-settings: normal; font-variation-settings: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A declaration that the termination of Plaintiff’s employment by
Defendant on 9th January 2012 is illegal.<o:p></o:p>