DANSOWAH vs. TOM

JUDGMENT OF VAN LARE J.S.C. Van Lare, J.S.C. delivered the judgment of the court. The respondent in this appeal is a fishmonger at Kumasi and receives consignments of fish from Elmina and Kafudidi on the coast for sale. She alleges that one of her such consignments on arriving at the Kumasi market was unlawfully detained by the appellant who refused to deliver the same to her after demand had been made, and that the said consignment remained in the possession of the appellant until the fish rotted and became unfit for sale whereby she suffered damage in the value thereof and the profits therefrom. She therefore instituted an action in the then Magistrate’s Court, Kumasi, claiming the value of the fish and damages for unlawful detention from the appellant. Her action was dismissed by that court but on appeal to the High Court, the claim was sustained and judgment was entered for her against the appellant for the sum of £G87 10s., £G67 10s. being the value of the fish, and, £G20 ...