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APPIAH AND OTHERS v. AKERS TRADING COMPANY

1971

HIGH COURT

GHANA

CORAM

  • ABBAN J

Areas of Law

  • Employment Law
  • Contract Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

Justice Abban heard a wrongful dismissal suit brought by two crewmen from the fishing vessel M.T.A. Ada, originally employed by the State Fishing Corporation but placed under the defendants’ control when the Government of Ghana allowed the defendants to manage several state vessels. In July 1969, after an emergency stop at Dakar for radar repairs and medical treatment, the captain granted them permission to go ashore; the vessel departed and they were repatriated by the defendants’ agents. On arriving in Ghana, they were summarily dismissed effective 12 July, without being asked to explain. The defendants relied on a circular (exhibit 1) and logbook extracts to claim disobedience and a right to “trip to trip” termination, and also argued they were not the employer. The court discounted the logbook, noted the captain was not called, found permission given, and held any summary dismissal could be exercised only at the end of a trip. Applying NLCD 157 paragraph 33(2), the court awarded damages equivalent to 14-day notice and other accrued entitlements.

Judgement