DAM vs. J. K. ADDO AND BROTHERS [1962]DLSC1418

Date	1962-12-21
Suit No.
Citation No.	[1962]DLSC1418

ADUMUA-BOSSMAN JSC

OLLENNU JSC

AKUFO-ADDO J.S.C.

DR. J. B. DANQUAH FOR THE APPELLANT.

NO APPEARANCE BY OR ON BEHALF OF THE RESPONDENT.

[1962]DLSC1418
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">DAM <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">J. K. ADDO AND BROTHERS <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1962] 2 GLR 200<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 21ST DECEMBER, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

DR.
J. B. DANQUAH FOR THE APPELLANT.<o:p></o:p>

NO
APPEARANCE BY OR ON BEHALF OF THE RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

ADUMUA-BOSSMAN, OLLENNU AND
AKUFO-ADDO, JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
ADUMUA-BOSSMAN J.S.C.<o:p></o:p>The appeal is against a judgment of the High Court, Kumasi,
(Simpson, J.) which disallowed the claim of the plaintiff appellant (hereafter
referred to shortly as the appellant) for the sum of £G588 18s. as due and
owing to him upon the taking of accounts of guns and ammunitions supplied to
him by the defendants-respondents (hereafter referred to shortly as the
respondents) who employed and stationed him as their storekeeper at Tamale in
terms of a written agreement, exhibit C. For the purposes of this case the
material period of his employment was from September 1958 to March 1959. He was
supplied with the guns and ammunitions under debit notes which he signed to
acknowledge receipts of the same, and if the employers themselves or any person
authorised by them, including another storekeeper called Mr. Ofori stationed at
Wa, applied for and obtained any of the merchandise from his stock, a credit
note duly signed by the recipient was delivered to him in respect of the articles
taken away. He claimed that among the merchandise supplied to him under a debit
note dated the 25th September, 1958, (exhibit E) was a quantity of twenty
single-barrelled guns at £G40 each, of the total value of £G800; that
subsequently between the dates the 13th to the 16th October, 1958, the
respondents’ manager, Mr. J. K. Addo, himself came to Tamale and had the twenty
single-barrelled guns withdrawn from the official armoury or magazine where all
arms and ammunitions were kept, and took delivery of them from him on the 16th
October, 1958, against a receipt signed by the manager and delivered to him
(exhibit F); that when his employment came to an end and accounts were gone
into some time in March 1959, he had misplaced the withdrawal receipt delivered
by the manager to him and, therefore, the latter refused to allow him credit
for £G800 the value of the twenty single-barrelled guns withdrawn and taken
away, with the result that his accounts showed a debit or deficiency of £G712
12s. against which the manager retained his cash security of £G500; that the
manager assured him, however, that whenever the missing receipt could be
produced, his account would be credited with the £G800; that fortunately for
him he found the receipt (exhibit F) and then claimed the credit of £G800 due
to him, which would make his account show a credit of £G588 18s. in his favour,
but the manager refused to allow him the credit, and hence the action against
the firm.<o:p></o:p><o:p>&nbsp;</o:p>Against this case of the appellant, the respondents’ manager set
up the case that the twenty single-barrelled guns were never included in any
supply of merchandise for sale sent to the plaintiff under any debit note, and
were never debited to the appellant’s account nor kept in the official
magazine; that the lot of twenty single-barrelled guns were damaged ones in the
magazine at Sunyani, Brong-Ahafo, where the firm’s head office was located, and
that, after obtaining a permit from the Sunyani police, he withdrew them and
brought them to Tamale for the purpose of getting them repaired by a repairer,
one Akumako, whom the appellant mentioned as working at Kintampo, and on his
arrival in Tamale he delivered them to the appellant for safe-keeping in the
wholesale part of his store against the appellant’s receipt; that eventually as
he heard that the repairer had moved away from Kintampo he went and applied to
the appellant and received back from him on a single occasion the lot of twenty
single-barrelled guns; that on that occasion the appellant demanded his receipt
which he (the manager) had then misplaced and could not therefore surrender, so
he gave the appellant the receipt now relied on by the appellant, exhibit F;
that subsequently however he discovered the receipt, which he produced and
tendered as exhibit 9.<o:p></o:p><o:p>&nbsp;</o:p>The learned judge after due consideration of the respective cases
of the parties, categorically rejected the respondents’ case, holding in the
course of his judgment as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“J. K. Addo has acknowledged the receipt (exhibit F) signed by him
... I am satisfied that all the twenty guns withdrawn on the 15th October,
1958, were taken by him or on his order. They were not withdrawn for sale by
the plaintiff. I do not believe Addo’s evidence that he took away twenty
damaged guns which had been left with the plaintiff for safe custody.”<o:p></o:p><o:p>&nbsp;</o:p>