[1991]DLHC1990 • January 16, 1991 • High Court
BIRCH vs. ASEMPA AND ANOTHER
The plaintiff, sister to Francis Kudzo Adekpuitor (currently in the USA), claimed that she and her brother purchased 7,000 cement blocks from the late Seth Awumah in 1981, evidenced by a receipt issued in Adekpuitor's name. They collected 2,640 blocks, leaving 4,360 at Awumah's premises. After Awumah's death in 1984, the plaintiff sought the remaining blocks, but they were missing. The plaintiff and her mother demanded their return from Awumah's family, who refused, prompting this suit for the return or value of the blocks and damages.
read moreJUDGMENT OF ACQUAH J. The plaintiff is the sister of one Francis Kudzo Adekpuitor, (hereinafter referred to as Adekpuitor) currently residing in the United States of America. The defendants are the personal representatives of one Seth Awumah, deceased, who in his lifetime was alleged to have manufactured and offered for sale, a number of cement blocks which are the subject matter of this suit. The case of the plaintiff is that Adekpuitor and herself bought 7,000 six inches cement blocks from this Seth Awumah on 9 December 1981. A receipt was issued to evidence the sale. After the sale they collected in bits 2,640 out of them, leaving 4,360 blocks at the premises of Seth Awumah. After the death of Seth Awumah, which death occurred in 1984, she went for the remaining 4,360 blocks, but the blocks were nowhere to be found. She and her mother therefore called on the head and other members of Seth Awumah’s family to demand the return of the blocks, but the family refused. Hence she insti.....