Tetteh Vrs T. Chandiram and Co Gh. Ltd and Others [2019] GHASC 31 (24 July 2019)

Tetteh Vrs T. Chandiram and Co Gh. Ltd and Others [2019] GHASC 31 (24 July 2019)

The appellant failed to adduce credible evidence to prove her claims for unpaid director's fees, US$400,000, medical and vehicle maintenance refunds, and monthly allowances. The trial court erred in awarding these claims without sufficient proof and in holding the 3rd and 4th respondents jointly and severally liable without legal basis. The Court of Appeal was correct in setting aside the trial court's judgment.

Citation
[2019] GHASC 31
Parties
Plaintiff/respondent/appellant: Faustina Tetteh; Defendant/appellant/respondent: T. Chandiram & Co. Gh. Ltd.; Defendant/appellant/respondent: Decorplast Ltd.; Defendant/appellant/respondent: Mr. Indru Mahbubani; Defendant/appellant/respondent: Arun Malkani
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 July 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Termination of Directorship, Director's Remuneration, Lifting the Corporate Veil, Burden of Proof, Special Damages, Injunctions, Sexual Harassment, Discrimination
Source Language
English
Employment Law Company Law Civil Procedure Termination of Directorship Director's Remuneration Lifting the Corporate Veil Burden of Proof Special Damages +3 more

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Parties

Faustina Tetteh

Plaintiff/respondent/appellant

T. Chandiram & Co. Gh. Ltd.

Defendant/appellant/respondent

Decorplast Ltd.

Defendant/appellant/respondent

Mr. Indru Mahbubani

Defendant/appellant/respondent

Arun Malkani

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the appellant proved entitlement to director's fees and allowances
  2. 2 Whether the appellant was entitled to US$400,000 as promised remuneration
  3. 3 Whether the appellant was owed medical and vehicle maintenance refunds

Ratio Decidendi

The appellant failed to adduce credible evidence to prove her claims for unpaid director's fees, US$400,000, medical and vehicle maintenance refunds, and monthly allowances. The trial court erred in awarding these claims without sufficient proof and in holding the 3rd and 4th respondents jointly and severally liable without legal basis. The Court of Appeal was correct in setting aside the trial court's judgment.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed
  • All reliefs sought by appellant dismissed