[2011]DLCA7895 • January 27, 2011 • Court of Appeal
GHANA TEXTILES MANUFACTURING CO. LTD (PLAINTIFF/RESPONDENT) vs. SAFETECH (DEFENDANTS/APPELLANTS)
The plaintiff, a textile manufacturing company, contracted the defendant, a security company, to provide security services for its yard in Tema. On 10 November 2006, a theft occurred at the plaintiff's warehouse resulting in the loss of copper rollers. The plaintiff claimed 230 pieces stolen valued at GH¢450,000, while the defendant admitted some rollers were stolen but disputed the quantity and value, alleging an armed robbery. The trial court found the defendant negligent and liable for the loss and ordered replacement of stolen roofing sheets. The defendant appealed against findings on the number and value of stolen rollers and other reliefs granted.
read moreOFOE, J.A. My brother Isaac Douse has presented the opinion of this court and I am in agreement with him. I am also of the opinion that apart from ground (a) as it relates to the number of copper rollers stolen and its value and ground of appeal (b), all other grounds of appeal should be dismissed. By this opinion I am questioning the trial court’s findings of fact as it relates to these areas of the appeal. Her appreciation and assessment of the facts of the case to the law on burden of prove as applied by the authorities I find inappropriate and I will demonstrate presently. Brief of the undisputed facts of the case should suffice. Plaintiff is a textile manufacturing firm and the defendant a security company that provides guard security and other security services. The parties have an agreement by which the defendant was to provide security services for the plaintiff yard in Tema. The contract is dated November 2005. On the 10th 0f November 2006 theft was committed in the yard .....