[1988]DLSC687 • July 8, 1988 • Supreme Court •
TAWIAH vs. GHANA CIVIL AVIATION AUTHORITY AND OTHERS
The plaintiff purchased a 20,000-gallon storage tank at a public auction conducted by the first defendant, Ghana Civil Aviation Authority, on 30 July 1984, paying ¢16,000. Despite payment and receipt issuance, the first defendant refused to deliver the tank, citing a subsequent decision to nullify the sale to allocate the tank to Pantang Hospital on humanitarian grounds. The plaintiff sought recovery of the tank, damages for detinue or breach of contract, and an injunction against interference.
read moreJUDGMENT OF PIESARE AG. J. By the amended writ, the plaintiff is claiming against the defendants jointly and severally: “1. An order for recovery of the first defendant’s storage tank sold to the plaintiff at a public auction sale conducted on 30 July 1984 which the first defendant has refused to release or deliver to the plaintiff despite repeated demands by the plaintiff. 2. Damages for detinue, in the alternative; damages for breach of contract. 3. Perpetual injunction to restrain the defendants from interfering with the storage tank.” In this suit, most of the material facts are not in dispute. The first defendant, the Civil Aviation Authority, was the owner of a storage tank of about 20,000 gallons capacity. Some time before July 1984 they decided to sell this storage tank as an unserviceable store item. By the letter dated 16 April 1984 the Ministry of Finance approved of the disposal of that storage tank by auction sale. The first defendant therefore contacte...