SAMPSON AGBLORTI KWAME VS METRO MASS TRANSIT LTD

At the registry of the court dated 07/06/2018, the plaintiff herein instituted the instant action against the defendant herein and claims the following reliefs:

“1. An order for the defendant to reinstate the plaintiff after his acquittal by the Ho Circuit Court on a charge of Possessing Narcotic Drugs on 23/11/2027.

2. An order for the defendant to pay the plaintiff his full salaries since his interdiction in July, 2014 till his reinstatement.

3. An order for the defendant to pay the plaintiff any benefits, allowances and any other entitlements due him since his interdiction.

4. Any other orders the court deems fit and appropriate.

5. Punitive costs”. The Plaintiff’s Case The case of the plaintiff gleaned from his pleadings as contained in his statement of claim filed on 07/06/2018, his reply to the statement of defence of the defendant filed on 23/07/2018 and his witness statement filed on 24/10/2018 together with attached exhibits is fairly straight forward and not disputed entirely by the defendant.

The undisputed facts are that the plaintiff was an employee of the defendant company as a commercial driver.

On 11/04/2014, the plaintiff in line with his routine duty as a driver in charge of one of the defendant’s fleet of buses with registration No. GR 6364- 10 was traveling from Accra to Anum-Bosso in the Eastern Region.

The bus upon reaching the Asikuma Police Barrier was intercepted by the Police.

And when a search was conducted by the Police some substances suspected to be Indian Hemp popularly known as “wee” were found concealed at the battery compartment of the bus.

The plaintiff was arrested and was charged with criminal offence of Possessing Narcotic Drug without Authority contrary to section 2 (1) of PNDCL 236/90 and arraigned before the Circuit Court, Ho for trial.

The plaintiff, after a full trial by the said court on 23/11/2017 was acquitted and discharged.

It is the case of the plaintiff that during the pendency of the court proceedings supra, he was interdicted and was put on half salary by a letter dated July 4, 2014 which the plaintiff relied upon in his evidence.

The crust of the plaintiff’s case was that by a letter dated 12/09/2014, the defendant per its legal manager, stated that he (the Plaintiff) shall be reinstated and be paid whatever salaries that are due him if he was exonerated at the end of his trial in that criminal case referred to supra.

The above named letter which the plaintiff relied upon in his evidenc