APPIAH AND OTHERS v. AKERS TRADING COMPANY

JUDGMENT OF ABBAN J.

The plaintiffs in this action claim from the defendants various sums of money as damages for wrongful dismissal. The endorsement on the writ of summons reads as follows:

"The first, second and third plaintiffs jointly claim from the defendants the sum of seven thousand two hundred and seventy new cedis eighty-eight new pesewas (N›7,270.88) for wrongful dismissal from the defendants' employment; being as to N›2,590.61 each for the first and second plaintiffs, and N›2,090.27 for the third plaintiff, these amounts representing general and special damages."

In his evidence the first plaintiff stated that he was originally employed by the State Fishing Corporation on 20 February 1963 as a refrigerator mechanic. He was put on one of the fishing vessels of the corporation, called the M.T.A. Ada. In February 1969 the defendants took over the management of about seven fishing vessels of the State Fishing Corporation including the M.T.A. Ada as a result of an agreement entered into by the defendants with the Government of Ghana. The plaintiffs and the other members of the crew, who were then manning the M.T.A. Ada, came under the direct control of the defendants in consequence of this change of management. The first plaintiff further averred that the taking over of the said vessel, the M.T.A. Ada, by the defendants did not affect his conditions of service. He continued to receive the same monthly pay or wages as if there had been no change of management. However, in July 1969, the M.T.A. Ada went to sea with the plaintiffs and after its normal fishing rounds, the vessel made an emergency call at the port of Dakar in order to repair the radar of the vessel and also to send three of the members of the crew, who needed medical attention, to the hospital. According to the first plaintiff, the vessel docked at the harbour at about midnight on 11 July 1969 and those sick persons on board were immediately sent to the hospital. They were treated and brought back to the vessel. But the next morning, 12 July 1969 at about 11.30 a.m., a doctor came on board to visit the sick men.

After the doctor had left the vessel the first plaintiff approached the captain for permission to go ashore "to stretch his legs" by walking around the harbour area. The captain granted him the said permission. So the first plaintiff went off the vessel to the shore. He stated that apart from himself, the second and the third plaintiffs and two other persons, namely, Forson an