[2009]DLCA7773October 15, 2009Court of Appeal

GOLDEN GRACE LTD. (PLAINTIFF/APPELLANT) vs. TAKORADI FLOUR MILLS (DEFENDANT/RESPONDENT)

AYEBI J.A. The plaintiff/appellant with its head office in Cape Coast is engaged in buying and selling of flour, rice, sugar, oil and cement. Defendant/respondent company located in Takoradi is engaged in the production and sale of flour. In March 1998, the plaintiff contracted with the defendant for the supply of flour on credit basis. To secure payment for the flour supplied, the defendant demanded and plaintiff deposited with defendant title deeds on two properties. In October 1998, the plaintiff with a view to contracting for the supply of an increase quantity of flour or extra flour, deposited four documents with the defendant. The four documents are listed as: (1) Document No. 89/43 relating a residential building No. G 27/1, Ashanti Road, Cape Coast. (2) Document No. GR 71/95, relating to an uncompleted house in the name of Bonfena Ltd. (original name of the plaintiff) situated at Green Hill in Cape Coast. (3) Document No. GR 70 A/95, also in the name of Bonfena Ltd. lo...