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

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…