AMOAKO vs. TAKORADI TIMBERS LIMITED

JUDGMENT OF TWUMASI J. The plaintiff is a timber merchant trading under the name and style of Temaco Supply Co., Ltd., and under a trade mark TSC. The defendants are also a timber merchant company trading under the name and style of Takoradi Timbers Co., Ltd. Both companies buy and export timber. On or about 21 February 1980, the plaintiff consigned to Takoradi Harbour six wawa logs. Before shipment of the logs could commence the defendants wrote a letter to the principal technical officer of the Forestry Department, Takoradi, requesting the latter not to issue his authority for the shipment of the logs until investigations had been made to find out the source of the logs. The defendants alleged in that letter that they had reason to believe that the logs could not have come from the plaintiff’s concession. The defendants’ contention was that they had reason to believe that the logs had come from one J.S. Bansah’s concession but had been diverted to the plaintiff’s compa...