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
- Civil Procedure
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the breach of an employment contract where the trial courts mixed judgment was appealed by both Plaintiff and Defendant. The appeals court addressed several key issues, ultimately rejecting the Plaintiff's claims for relocation costs back to the USA and reimbursement for negotiation expenses but upholding the claim for interest on delayed severance package payments. The Defendant's appeal on mense profits was partially granted. The decision highlights the necessity of clear and specific grounds in legal appeals and the importance of sticking to the explicit terms of contractual agreements.
TANKO AMADU J.A
(1) This appeal is from the judgment of the High Court Tema, dated the 19th day of October 2004. In the High Court, the Plaintiff/Respondent/Applicant (hereinafter referred to as “the Plaintiff” claimed from the Defendant/Appellant/Respondent and Honourable Albert KenDapaah (who is not a party in this appeal jointly and severally the following reliefs:-
“(1)Payment of his full entitlements in accordance with his contract
of service.
(2)Interest on the said amount at the going commercial rat from 1st
August 2002, till date of final payment.
(3)Perpetual injunction restraining the Defendants their agents,
servants and privies from unlawful interference with the rights and privileges of the Plaintiff.
(4)General Damages for wrongful interference with Plaintiff’s
contract of service”.
(2) The 1st Defendant filed a Defence to the Plaintiff’s action and set up a Counterclaim as follows:-
“(1)Recovery of possession of H/No/10/8 Nana Prempah Street
being property belonging to the 1st Defendant which was provided to the Plaintiff as an official residence under the contract of employment which contract was terminated on 10th June 2002.
(2)Mense profits from the Plaintiff’s alleged occupation and use of
the said property at the rate of ₡22,000.000.00 (Twenty-Two Million Cedis) a month from 1st January 2003 to the date when possession is given up to the 1st Defendant and interest thereon.
(3)Costs.
(3) At the close of pleadings at the Trial Court, the issues settled for trial are as follows:-
(1)Whether or not the 1st Defendant fulfilled his obligations to the
Plaintiff under the contract dated 24th July 2000 between the Plaintiff and 1st Defendant.
(2)Whether or not the Plaintiff is entitled to his claim.
(3)Whether or not the 1st Defendant is entitled to his counterclaim.
(4)Any other issues arising from the pleadings.
(4) At the end of the trial, the Trial Court delivered itself by making an award in favour of only part of Plaintiff’s claim and part of the Defendant’s counterclaim in the following terms:
(i) “By virtue of Clause 14 of the contract of employment, Plaintiff
is entitled to the cumulative value of the monthly payments being salary only, for the remainder of the contract period.
(ii)Plaintiff is to be reimbursed for expenses incurred during
the negotiation period with interest from 1st August 2002 till date of judgment upon provision of receipts.
(iii)Plaintiff is entitled to a relocation package to cover and