DAM vs. J. K. ADDO AND BROTHERS

The appellant was employed as a storekeeper by the respondents at Tamale under a written agreement from September 1958 to March 1959. He was supplied with guns and ammunition under debit notes and was responsible for accounting for these items. A dispute arose over twenty single-barrelled guns valued at £G800, which the appellant claimed were withdrawn from his stock by the respondents' manager, Mr. J. K. Addo, against a receipt (exhibit F). The appellant misplaced the receipt initially, leading to a debit balance against him, but later found it and claimed credit. The respondents contended that the guns were damaged items withdrawn from a different location for repair and not part of the appellant's stock for sale. The High Court rejected the respondents' case but made a complex finding regarding credit for sixteen guns withdrawn on other occasions, which affected the appellant's claim.

JUDGMENT OF ADUMUA-BOSSMAN J.S.C. The appeal is against a judgment of the High Court, Kumasi, (Simpson, J.) which disallowed the claim of the plaintiff appellant (hereafter referred to shortly as the appellant) for the sum of £G588 18s. as due and owing to him upon the taking of accounts of guns and ammunitions supplied to him by the defendants-respondents (hereafter referred to shortly as the respondents) who employed and stationed him as their storekeeper at Tamale in terms of a written agreement, exhibit C. For the purposes of this case the material period of his employment was from September 1958 to March 1959. He was supplied with the guns and ammunitions under debit notes which he signed to acknowledge receipts of the same, and if the employers themselves or any person authorised by them, including another storekeeper called Mr. Ofori stationed at Wa, applied for and obtained any of the merchandise from his stock, a credit note duly signed by the recipient was delivered to hi....