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TEMA OIL REFINERY (TOR) v. DR. YAW AKOTO

2019

COURT OF APPEAL

GHANA

CORAM

  • AGNES M.A. DORDZIE (MRS.) JSC PRESIDING
  • F.G. KORBIEH J.A
  • I. O. TANKO AMADU J.A

Areas of Law

  • Contract Law
  • Employment Law
  • Civil Procedure
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

This Court of Appeal decision arises from a High Court judgment concerning the termination of the Plaintiffs employment as Managing Director of Tema Oil Refinery (TOR) and the parties competing claims. The Plaintiff sought full contractual entitlements, interest, injunctive relief, and damages, while TOR counterclaimed for possession of the official residence at H/No/10/8 Nana Prempah Street and mense profits. The High Court partially granted both sides, awarding damages, reimbursement of negotiation expenses with interest, a relocation package including return to the USA, a salary only cumulative value under Clause 14, one years rent as mense profits, and no costs. On appeal, the Court of Appeal criticized non-compliance with appellate rules, treated most grounds as against the weight of evidence, and held that relocation back to the USA and reimbursement for negotiation expenses were not provided for in the written contract. It increased the mense profits to a2145,200,000.00 per month from 1 January 2003 until vacant possession with interest, affirmed that fringe benefits do not survive termination, awarded interest beyond the 30-day payment window under Clause 14, left costs undisturbed, and treated damages and notice awards as unchallenged.

JUDGMENT