ACCRA BREWERY LIMITED v. JOHN TAGOE

MARIAMA OWUSU, J.A.:

This is an appeal against the decision of the High Court, Accra, dated 10-6-2009. In the said decision, the court gave judgment for the plaintiff and held among other things that:

“The incident that led to the wrong findings to the mind of this court was a struggle only. If this had been properly ascertained, by ART 39 of C.B.A. – Exhibit 4, it may just merit a warning letter as sanction and definitely not termination. The termination of the plaintiff’s appointment is not only unfair but wrongful. The first issue on the application for direction has been established by the plaintiff on the preponderance of the probabilities.”

The court then awarded the plaintiff damages saying, there had been breach of the contract of employment between the parties.

Dissatisfied with the decision of the High Court, the defendant/appellant appealed to this court. The defendant filed as many as ten (10) Grounds of Appeal. They are:

i. The judgment is against the weight of evidence.

ii. The learned trial Judge erred in law and misdirected himself when he applied non-applicable law.

iii. The learned trial Judge erred in law and misdirected himself, when he held that Exhibit 4, the medical report on Maxwell Nkansah was fraudulent.

iv. The learned trial Judge erred in law and misdirected himself when he held that it was the duty of the defendant to establish the requisite degree of certainty in the mind of the court that plaintiff assaulted Maxwell Nkansah and that it was for plaintiff to raise facts that would be sufficient to create reasonable doubt on the issue and that the standard of proof is beyond reasonable doubt.

v. The learned trial Judge erred in law and misdirected himself when he held that defendant was required to lead evidence on adverse report of plaintiff’s file.

vi. The learned trial Judge erred in law when he held that the termination of plaintiff’s employment was unfair and wrongful.

vii. The learned trial Judge erred in law and misdirected himself when he held that the defendant was under duty to establish the primary issue of assault committed on Maxwell Nkansah as required by section 13 (1) of NRCD 323 of 1975.

viii. The learned trial Judge erred in law and misdirected himself when he held that apart from the contradiction in evidence of the plaintiff, the evidence, including his exhibits, was consistent, cogent and compelling in support of his claim.

ix. The learned trial Judge erred when he held that defendant acted in b