GHANA RUBBER PRODUCTS LTD vs. CRITERION CO LTD

The appellant, Ghana Rubber Products Ltd, a manufacturer of rubber products, purchased calcium carbonate from Dhawan, who imported and warehoused the chemical. The purchase was authorized by the managing director while abroad and involved payment through invoices presented by two companies, Criterion Co Ltd (respondent) and Pyramid Lime and Paints Industries Ltd, neither legally connected to Dhawan. The appellant received 35,365 bags and paid ¢10,357,500. Disputes arose over the quantity supplied and payments, with Criterion claiming 27,265 bags were supplied but only 15,705 paid for. The appellant admitted purchasing 15,705 bags from Criterion and 19,600 from Pyramid, paying accordingly. Criterion sued for return of 27,265 bags or their value, alleging an oral agreement to return goods in exchange for refund. The appellant denied repudiation and the oral agreement, asserting full payment for goods received.

JUDGMENT OF APALOO CJ By a judgment dated 30 October 1984 the High Court entered judgment for the respondent- company against the appellant-company for the return of 27,265 bags of calcium carbonate or their value at ¢900 per bag and ¢15,000 damages for unlawful detention. If our arithmetic is correct, the total pecuniary award adds up to just over ¢241⁄2 million. That claim was founded in detinue and although the appellant-company contended in the court below that the suit was wrongly founded on that ancient remedy, this plea failed to persuade the judge. They again raised this issue of law before this court and invited us to hold that on the facts, the judge below was in error in holding that a case of detinue entitling the respondent-company to the return of the goods or their value and damages was established. But the determination of the correct holding on this legal issue, depends, as most issues of law do, on the facts found or proved; and to the facts we now tur...