VAN LARE J.A.: This is an appeal from the judgment of Bossman J. dismissing the appellant’s counter-claim to an action by the respondents for an amount of £2,555 3s. 9d., being balance of account alleged to be due and owing to them from the appellant, whom the respondents had employed as their Produce Factor at Agona-Swedru.
(His lordship stated the facts, and proceeded):-
The learned trial-Judge, in my view, came to a correct decision in decreeing that the appellant was not entitled to be credited with the value of the 383 bags of cocoa, and also not entitled to any commission on such produce. However, with due respect, the learned trial-Judge erred on the law upon which he grounded his decision. He did not concede that the moment the appellant bought any cocoa in the course of his employment as factor for the respondents, the respondents became vested with the ownership of it. It is my opinion that, having regard to the management and control which the respondents had over the appella…