FYNN vs. STATE FISHING CORPORATION AND OTHERS [1980]DLHC1582

Date	1980-05-25
Suit No.
Citation No.	[1980]DLHC1582

ANSAH-TWUM J.

E. K. K. AKRASI FOR THE PLAINTIFF.

G. M. QUAYE FOR THE FIRST AND SECOND DEFENDANTS.

T. AHLIJAH PRINCIPAL STATE ATTORNEY FOR THE THIRD AND FOURTH DEFENDANTS.

[1980]DLHC1582
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													<main id="main" class="content" style="min-height: 60rem" >FYNN <o:p></o:p>vs. <o:p></o:p>STATE FISHING CORPORATION AND OTHERS<o:p></o:p>[HIGH COURT, SEKONDI] <o:p></o:p>[1980] GLR 887<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
25
MAY 1981<o:p></o:p>

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

E. K. K. AKRASI FOR THE PLAINTIFF.<o:p></o:p>

G. M. QUAYE FOR THE FIRST AND SECOND DEFENDANTS.<o:p></o:p>

T. AHLIJAH, PRINCIPAL STATE ATTORNEY, FOR THE
THIRD AND FOURTH DEFENDANTS.<o:p></o:p>

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

ANSAH-TWUM J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANSAH-TWUM J.<o:p></o:p>By his
amended writ of summons and statement of claim, the plaintiff claims against
the defendants herein, jointly and severally, the sum of ¢47,115 being the cost
of 117 crates of fish and empty crates wrongfully seized from the plaintiff’s
cold store at Takoradi by the first defendant-corporation per her agents or
servants, the second, third and fourth defendants. The plaintiff, in addition,
claims against the defendants damages for wrongful seizure of the said fish and
for the disgrace, inconvenience and the ignominy brought upon. him. The
plaintiff claims further, interest at the rate of eighteen and half per centum
on the sum of ¢47,115 as from 26 October 1978 up to the date of final judgment.<o:p></o:p><o:p>&nbsp;</o:p>The
evidence before this court is that the plaintiff, a retired deputy
superintendent of police, owns the African Grocery and Cold Store at Takoradi.
The plaintiff buys and sells all types of fish. He used at times to obtain his
supply of fish from the first defendant-corporation, the State Fishing
Corporation, and at times from private boat owners and fish dealers, one of
whom was a Mr. Narh. The plaintiff’s said cold store, where he stored and sold
fish was operated by his own son, J. S. Fynn Jnr.<o:p></o:p>By the
early hours of 26 October 1978, the plaintiff’s agent, J. S. Fynn Jnr. had
obtained and purchased two consignments of fresh fish, red snappers, totalling
117 crates, from one John Tetteh Narh, a fisherman and the owner of a fishing
boat. The first consignment of 55 crates of fresh fish, was bought on 23
October 1978 and the second consignment of 62 crates was bought on 26 October
1978. The plaintiff claims he has a standing order of fresh fish, red snappers,
from the Ashanti Goldfields Corporation at Obuasi, and having therefore
consigned all the 117 crates of fresh red snappers to his customers, the
Ashanti Goldfields Corporation, he sent his agent, J. S. Fynn Jnr. out in the
morning of the 26 October 1978, to buy rubber bags and empty crates for him to
enable him get the consignment ready for conveyance to the Ashanti Goldfields
Corporation at Obuasi.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff was consequently in his cold store on 26 October 1978 at about 11.30
a.m. waiting for his son, when two policemen, one in uniform, entered the cold
store with the second defendant, who was introduced as a security officer at
the State Fishing Corporation; the two policemen were the third and fourth
defendants respectively. The following is what the plaintiff said, among other
things:<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">“When
they entered my cold store, the policeman showed me a search warrant that they
had come to search the cold store for stolen fish in cartons and pans belonging
to the State Fishing Corporation. J. S. Fynn Jnr. returned just at that time.
People had come round to buy fish but they had to wait on because of the
search; they stood outside and watched on.”<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff stated further that after the search, the second defendant said the
fresh fish found in the cold store belonged to the State Fishing Corporation
and that he would therefore take the same away. The plaintiff said:<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">“I
protested vehemently, saying that I bought same from a boat owner, Narh, at
Sekondi. The fish I bought were red snappers. The second defendant would not
listen to whatever I said, and he said he would take the fish away.”<o:p></o:p><o:p>&nbsp;</o:p>