Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



GHANA RUBBER PRODUCTS LTD
V.
CRITERION CO LTD

(1985) JELR 65648 (CA)    
Court of Appeal  ·  4 Mar 1985 ·  Ghana
CORAM
APALOO CJ ,EDWARD WIREDU JA,OSEI-HWERE JA

Ratio Decidendi

Core Terms Beta
appellant-company
dhawan
evidence
judge
company
respondent-company
bags of calcium carbonate
learned judge
s fakhry
contract of sale
return of the goods
calcium carbonate
hearsay rule
managing director
managing director of the appellant-company
mr s fakhry
statement of defence
directors of the appellant-company
first time
high court
mr westray
payment of the purchase price
adnan fakhry
appellant-company compliment
appellant company produce
appellant-company’s general manager
boards of criterion
business turnover
case of detinue
credit sale agreement
criterion co ltd
evidence shows
fact supply
issue of law
large quantity of calcium
large way
latter used carbonate
legal issue
managing director of criterion
normal course of events
own account
own way-bills
pyramid lime
quantity of this chemical
records of the company show
recovery of the purchase price of goods
total pecuniary award
view of the evidence
view of the known circumstances of this particular transaction
written declaration

APALOO CJ

By a judgment dated 30 October 1984 the High Court entered judgment for the respondent- company against the appellant-company for the return of 27,265 bags of calcium carbonate or their value at ¢900 per bag and ¢15,000 damages for unlawful detention. If our arithmetic is correct, the total pecuniary award adds up to just over ¢241⁄2 million. That claim was founded in detinue and although the appellant-company contended in the court below that the suit was wrongly founded on that ancient remedy, this plea failed to persuade the judge. They again raised this issue of law before this court and invited us to hold that on the facts, the judge below was in error in holding that a case of detinue entitling the respondent-company to the return of the goods or their value and damages was established.

But the determination of the correct holding on this legal issue, depends, as most issues of law do, on the facts found or proved; and to the facts we now turn. The appellant-company, as …

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