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GOLDEN GRACE LIMITED
V.
TAKORADI FLOUR MILLS LIMITED

(2011) JELR 68542 (SC)

Supreme Court 20 Jun 2011 Ghana
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- The plaintiff company was a registered distributor of flour supplied by the defendant company. - The plaintiff surrendered additional documents to the defendant as part of a supposed mortgage transaction to secure payment for the increase

Case Details

Suit Number:CIVIL APPEAL NO. J4/22/2011
Judges:ATUGUBAJSC (PRESIDING), DR. DATE-BAH JSC, ANSAH JSC, BAFFOE-BONNIE JSC, ARYEETEY JSC
Counsel:LADY EILEEN ERSKIN FOR THE PLAINTIFF/ APPELANT/ APPELANT ,CYNTHIA ADWOA OPARE FOR THE DEFENDANT/ RESPONDENT/ RESPONDENT

JUDGEMENT

ARYEETEY, JSC

The plaintiff company was a registered distributor of flour supplied by the defendant company and it surrendered additional documents to the defendant company, pursuant to a supposed mortgage transaction they entered into, so as to secure payment for the increase in the supply of flour to the plaintiff company.

However, the defendant company did not supply additional quantities of flour to the plaintiff as presumably envisaged because the plaintiff was already indebted to the defendant. When the plaintiff company demanded the demanded the return of its documents the defendant refused to do so. Therefore, for his remedy, as per his amended writ of summons, the plaintiff sued the defendant for following reliefs:

a) The return of the following documents unlawfully detained by the defendant.

i) Document No.B3289 registered as document No. 89/43 relating to House Number 327/1 Ashanti Road, Cape Coast, executed between E.C Wryter and Elizabeth Derby and her children.

ii) U…

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