KROYE-ADUJAMA CO-OPERATIVE SOCIETY
V.
HIAWU BESEASE CO-OPERATIVE SOCIETY

(1962) JELR 69833 (HC)    
High Court  ·  2 Feb 1962 ·  Ghana
CORAM
APALOO J.
Core Terms Beta
dispute
business
defendant society
case
counsel
plaintiff society
plaintiff
cocoa
opinion
plaintiff society claims
words
action
bags of cocoa
co-operative societies ordinance
crime
defendant societies
manner
plaintiff society’s case
pleadings
apaloo j.
business of a registered society
course of the investigation
court’s power
criminal proceedings
defendant society’s liability
disciplinary action
disputes
fact
friendly society act
good reason
intention of parliament
kumasi co-operative society
legal position
object of construing statutes
ordinary business of a registered society
paid servant of the society
paragraph
point
present calls
provision of section
purpose of construing section
reason
recipient society
said quantity of cocoa
settling disputes
such dispute
view
view of counsel
wide scope of section
words of section

APALOO J.

The action in this case relates to 110 bags of cocoa which the plaintiff society claims it is entitled to recover from the defendant society. The plaintiff society’s case, so far as it is possible to state it from its pleadings, is that in April 1961, it despatched the said quantity of cocoa to the Kumasi Co-operative Society. It is said it was stolen but the pleadings are imprecise as to whether the theft took place while the cocoa was in transit or after it had been delivered to the recipient society. This point is however immaterial to the question which at present calls for determination. The plaintiff society claims that its cocoa having been stolen, was surreptitiously sold to the defendant society at a time and under circumstances which should have put it on enquiry. The defendant society for its part denies that it bought any such cocoa as is alleged. If the plaintiff society substantiates its case, the legal position is that the title to the cocoa remain vested in th…

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