[2017]DLCA4435May 18, 2017Court of Appeal

THE MANAGING DIRECTOR, ADB AND AGRICULTURAL DEV. BANK vs. SAMUEL ANI ASAMANI

Dordzie, J. A: Facts: The plaintiff/respondent herein was an employee of the 2nddefendant /appellant, Agricultural Development Bank. At the time of the incident leading to the suit, his position was an assistant store keeper stationed at the bank’s warehouse at Adenta; he worked with one Sayibu Abdulai who held the position of stores supervisor. Between February and July 2004 the bank imported 1,755 units of outboard motors, the respondent and his colleague Sayibu Abdulai took delivery of the items and they were kept in the warehouse at Adenta. There was one unit of the outboard motors already in stock, the new import of 1,755 units were added making a total of 1,756 in storage as at the time of the incident in question. I will hereinafter refer to the parties as plaintiff and defendants. In December 2004 auditors of the 2nd defendant bank did stocktaking in the warehouse and discovered that 162 units of the outboard motors were missing; the plaintiff and his colleague could not.....