[1961]DLSC5393 • May 15, 1961 • Supreme Court •
HALABY vs. HALABY AND OTHERS
In September 1951, the defendants, including a licensed auctioneer, sought to sell partnership properties of Halaby Bros., including a store with goods and a safe. Upon arrival, they found the goods removed to a nearby room where the plaintiff had opened his own store and placed a former employee, Elias Khoury, in charge. Evidence showed that the goods and stock books belonged to the partnership, but were stored in the plaintiff's new store. The goods were sold at public auction, and the safe was taken to Kumasi and opened before the High Court registrar.
read moreKorsah C.J. delivered the judgment of the court. [His lordship referred to the facts and continued:] in September 1951, the first and second defendants together with the third defendant, a licensed auctioneer, who had been instructed to sell the partnership’s properties including one store with goods and a safe arrived at Nandom and requested one Elias Khoury, a former employee of the first defendant to deliver up the store, with stock of goods and the safe, to the auctioneer for sale. They found that all the goods had been removed from the store. Upon enquiry the defendants discovered the goods in a room in a house about 50 yards from the original store, where the plaintiff is alleged to have opened his own store and put Elias Khoury who was the firm’s former employee, in charge of it. Elias Khoury stated in his evidence: “Neif Halaby told me to take goods from store of Halaby Bros. And take it to his store. Four days later the auctioneer came and sold the goods, small (sic) ...