O.T.R. [GH] LIMITED vs. B.B. MOTORS

PIESARE, J.A. This is an appeal against the Judgment of the High Court, Sekondi, dated 25th February, 2005, delivered by Duose [J]. The plaintiff is a company registered under the Laws of Ghana, doing business of the sale and repair of earthmover heavy tyres. In about June, 2003 the plaintiff-company discovered that four [4] of such tyres were missing from their Depot at Tarkwa. The missing tyres were latter found fitted to a vehicle of the defendant respondent, and when questioned, the defendant/respondent explained that they bought the tyres at the plaintiff-appellant's said Depot at Tarkwa, from their Depot Manager Mr. Sosu Richardson. The Plaintiff/Respondent asked for receipts covering the sale, but the defendant/respondent explained that the Depot Manager had promised to go and collect receipts for them at their Takoradi Office but had not brought them yet. Now, because the defendant/respondent failed to produce any receipt covering the sale, the plaintiff/appellant deni...