THEOPHILUS ADOTEY ACQUAYE vs C.F.A.O GHANA LIMITED

The Plaintiff per his Writ of Summons and accompanying Statement of Claim, filed on 11th July, 2008 claimed the following reliefs against the Defendant company: i. A declaration that the termination of the Plaintiff’s appointment by the Defendant on the 19th October, 2006 is wrongful and illegal.

An order for reinstatement of the Plaintiff and payment of all salaries, allowances, increments and other benefits due to the Plaintiff from the 19th day of October, 2006 when the Plaintiff was wrongfully and illegally dismissed till the day of the Plaintiff’s reinstatement.

Alternatively iii.

Damages for the wrongful termination of the Plaintiff’s appointment by the Defendant.

Any other relief found due.

The Defendant entered appearance and filed its Statement of Defence on 16th February, 2009 to the Statement of Claim.

The Plaintiff filed a Reply to the Defendant’s Statement of Defence on 3rd April, 2009. The following issues were set down for the determination of the case at the Application for Directions stage.

i. Whether the Plaintiff was instructed by the Service Manager to test the Renault Safrane Car? ii.

Whether Plaintiff was in breach of any Company procedure when he was instructed to test the Renault Safrane Car? iii.

Whether Plaintiff was dismissed for breach of Defendant’s Security and other procedures and standards? iv.

Whether the Plaintiff was given a fair hearing before he was dismissed by the Defendant? v. Whether the Plaintiff’s dismissal by the Defendant was wrongful and illegal? vi.

Any other issues arising out of the pleadings? Judgment in respect of the case was delivered after trial in favour of the Plaintiff on 11th June, 2014 in the following: 1. A declaration that the dismissal of the Plaintiff is wrongful and illegal.

2. General damages of GH₵15, 000. 00. 3. Costs of GH₵2, 000. 00. The parties have hereby sought to compromise the judgement delivered as per the Terms of Settlement filed on 9th December, 2016, in the following: 1. The Defendant shall pay to the Plaintiff the amount of Seventeen thousand Cedis (GH¢17, 000. 00) as ordered by the Judgment of the High Court as full and final settlement of the issues between the parties herein within two weeks from the date of this agreement.

2. That the parties shall bear their own cost of the proceedings to date.

3. The Parties shall procure the filing of these Terms of Settlement at the General Jurisdiction Registry of the High Court, Accra.

4. The Parties shall further p