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TABURY
V.
GHANA COMMERCIAL BANK

(1979) JELR 67350 (HC)

High Court 22 Feb 1979 Ghana
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- The court held that the 339 bags of salted fish belonged to the plaintiff and not to Ama Atta, as property in the goods had not passed based on the parties' intentions and course of dealing. - The defendants’ manager was found liable for

Case Details

Judges:SARKODEE J.
Counsel:B. J. DA ROCHA FOR THE PLAINTIFF; J. EBOW DAWSON FOR THE DEFENDANTS.

SARKODEE J.

By his writ as amended the plaintiff claims against the defendants recovery of 339 bags of salted fish or their value, and damages for wrongfully seizing or causing the said fish to be seized. The defendants have refused to release the said fish to the plaintiff in spite of repeated demands. The plaintiff also claims damages for unlawful arrest and wrongful imprisonment.

The plaintiff is a fish dealer and is based in Dakar, Senegal. The defendants, a financial institution in Ghana, employed one Felix Oppong Peprah, the manager of Ghana Commercial Bank, Sekondi, as their agent or servant. Some time before 1971 the plaintiff and one Ekua Manang, a Sekondi fish dealer, met in Dakar where it appears the plaintiff appointed her his agent in Ghana and in whose house he stayed whenever the plaintiff was in Ghana. Ekua Manang introduced to the plaintiff her sister, the third plaintiff witness, Ama Atta, as the person who would receive all consignment of fish which the plaintiff woul…

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