Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

ACCRA BREWERY LIMITED v. JOHN TAGOE

2012

COURT OF APPEAL

GHANA

CORAM

  • J. B. AKAMBA, J.A. (PRESIDING)
  • MARIAMA OWUSU, J.A.
  • E. K. AYEBI , J.A

Areas of Law

  • Employment Law
  • Evidence Law
  • Civil Procedure
  • Tort Law

AI Generated Summary

The Ghana Court of Appeal, per Mariama Owusu, J.A., with J.B. Akamba, J.A., concurring and E.K. Ayebi, J.A., agreeing, allowed an appeal from the High Court’s judgment awarding damages for wrongful termination. The case arose when John, a company driver, sought to place 10 litres of diesel into a jerry‑can after his truck was filled; the fuel attendant, Maxwell Nkansah, objected and a struggle ensued. An internal Disciplinary Committee found assault and recommended termination, later affirmed by an Appeal Committee. The High Court nonetheless awarded damages, characterizing the incident as a “struggle only” and questioning the medical report. On appeal, the Court held that the admitted struggle constituted assault under Act 29 and that admitted facts need no proof; fraud was not pleaded and lacked cogent evidence; and termination complied with Article 39 of the CBA and section 62 of the Labour Act. The damages award was set aside and the High Court’s judgment reversed.

JUDGMENT