[1999]DLSC492 • January 13, 1999 • Supreme Court •
STANDARD CHARTERED BANK (GHANA) vs. NELSON
The plaintiff, a transport owner, sent his Willowbrook bus (No AA 6835) for repairs at Robert Anum Motors. The first defendant (garage owner) unlawfully removed the plaintiff's gearbox and installed it in the second defendant's (Standard Chartered Bank Ghana) bus (No GZ 8643). The plaintiff reported the theft to police, who arrested and convicted the first defendant. Despite police requests, the second defendant failed to release the bus for investigation, continued using it, and eventually sold it with the plaintiff's gearbox installed. The plaintiff sued for conversion and detinue of his gearbox, claiming damages and replacement value.
read moreJUDGMENT OF BAMFORD-ADDO JSC. In this case the plaintiff-respondent-respondent (hereinafter referred to as the plaintiff) was a transport owner who owned Willowbrook bus No AA 6835 which he used for his transport business. The second defendant-appellant-appellant (hereinafter referred to as the second defendant) was a bank carrying on business in Ghana as bankers and also owned a Willowbrook bus No GZ 8643 which was used to transport its workers to and from work. On 24 November 1982 the plaintiff sent his said bus to the first defendant’s workshop called Robert Anum Motors for repairs. The second defendant also had trouble with the gearbox of its bus and sent it to the same workshop for repairs. It transpired that the first defendant surreptitiously transferred the plaintiff’s gearbox from vehicle No AA 6835 and fixed it onto the second defendant’s vehicle No GZ 8643 and abandoned the plaintiff’s vehicle in his workshop. When the plaintiff discovered this theft of his gearbo...