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T. CHANDIRAM & COMPANY LTD. & OTHERS v. FAUSTINA TETTEH

2018

COURT OF APPEAL

GHANA

CORAM

  • P. K. GYAESAYOR, J.A. (PRESIDING)
  • A. DORDZIE (MRS), J.A
  • I. O. TANKO AMADU, JA

Areas of Law

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

AI Generated Summary

Agnes M. A. Dordzie, J.A., writing for the Court of Appeal, reviewed the High Court’s judgment in a dispute between a long-serving employee and director of the 1st and 2nd defendant companies and their officers. The plaintiff alleged sexual harassment by the 3rd defendant, withdrawal of work schedules, stoppage of commission, and denial of medical and vehicle maintenance refunds, and sought monetary and injunctive reliefs. The High Court had granted most monetary claims and dismissed the companies’ counterclaim. On appeal, the Court held that the USD 400,000 claim and director’s allowance were unlawful absent an ordinary resolution under section 194 of Act 179 and, in any event, unproven. Commission arrears, medical bill refunds and vehicle maintenance were special damages not pleaded and strictly proven. The Court refused to pierce the corporate veil, set aside the injunction against victimization, granted the companies’ counterclaim to restrain the plaintiff’s use of the companies’ address and trade secrets, and awarded costs of GH¢10,000.

JUDGMENT