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THE CASE LIBRARY

Case Title

APPIAH v UNION TRADING COMPANY LIMITED, SEKONDI 1970 GLR 94 holding 1

Case Principle
Persons making allegation not called to give evidence
Case Authority
Facts must in general be proved by the testimony of witnesses who actually perceived them, and not by the reported statement of unsworn persons. The onus of proving the irregularities alleged to have been committed by the plaintiff was on the defendants. Since they were not able to call the persons against whom the alleged irregularities had been committed but relied on their reported statements which were not given on oath, they had not discharged the burden that rested on them. They had therefore not justified the dismissal and were liable for wrongful dismissal.