FRANCOIS J.: The applicants herein are Pro Farms Ltd. of Tema. Some time in March 1972, the driver of the company’s Mercedes Benz truck entered into contract to cart kola nuts from Ghana to the Republic of Togo. While on this journey, he was arrested and the vehicle seized by the army and customs authorities for a breach of the customs laws. When the company was notified of the seizure it filed a claim. This claim has been ignored, consequently resort has been had to the court for redress.
Unfortunately the applicants stumble over the first hurdle, for by section 204 (5) of the Customs Ordinance, Cap. 167 (1951 Rev.), as substituted by the Customs (Amendment) (No. 2) Decree, 1972 (N.R.C.D. 84), after notice, the Comptroller should take court proceedings to determine the question of forfeiture. This has not been done and the present application is not designed nor does it seek to compel the Comptroller to do his duty as by law ordained. I cannot understand why the applicants have not in…