KWAO ALIAS MENI vs. AWURAA ALIAS FATI [1988]DLSC780

Date	1988-04-24
Suit No.
Citation No.	[1988]DLSC780

FRANCOIS J.S.C

LAMPTEY JA

ESSIEM J.A.

A. B. SAM FOR THE APPLICANT-APPELLANT.

P. K. E. DONKOR FOR THE RESPONDENT

[1988]DLSC780
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													<main id="main" class="content" style="min-height: 60rem" >KWAO ALIAS MENI <o:p></o:p>vs. <o:p></o:p>AWURAA ALIAS FATI <o:p></o:p>[COURT OF APPEAL, ACCRA.]<o:p></o:p>[1987-88] 2 GLR 66<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
24 JUNE 1988<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">

A. B. SAM FOR THE APPLICANT-APPELLANT. <o:p></o:p>

P. K. E. DONKOR FOR THE RESPONDENT<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">

FRANCOIS J.S.C., LAMPTEY AND ESSIEM
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ESSIEM J.A.<o:p></o:p>Essiem
J.A. delivered the first judgment at the invitation of Francois J.S.C. The
plaintiff is a farmer who rears cattle at a place called Bundasewayo. Some time
ago, the evidence does not say when, a friend of his, one Addotey Tei, who also
rears cattle at Dahwenya sought his permission to bring his (Addotey Tei’s)
cattle to the plaintiff’s kraal because there was scarcity of both water and
grass at Dahwenya. As a result of this agreement Addotey Tei took to the
plaintiff a number of his cattle. A cowboy, Sidi Fulani, was left with the
plaintiff to assist the plaintiff especially to take the cattle to graze.<o:p></o:p><o:p>&nbsp;</o:p>There is
disagreement between the parties as to the number of cattle sent to the
plaintiff. He says the number was 80 but the defendant says the number was 470.
For the issues which fall for determination in this appeal I think the
disagreement over the number of cattle sent is not very crucial.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff says that Addotey Tei and his cowboy some time later sold seven of
the cattle to some person; Sidi Fulani later alone sold one to someone. The
plaintiff says he reported this to Addotey who said he knew of the sale by Sidi
Fulani. The plaintiff says he also express interest in buying some of the
cattle and subsequently he bought two of the cattle from both Addotey Tei and
Sidi Fulani.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>He gave
the two cows plus three of his own cows making five to one Nawayo, a friend, to
help the latter start a kraal of his own. He subsequently fell ill and went on
admission at the Akosombo Hospital. It was while he was on admission that he
received word that Addotey had gone to collect his cattle. On his discharge the
plaintiff says he went to Addotey who confirmed that he had gone for his cattle
as well as the cowboy Sidi Fulani.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant’s case is slightly different. She claims in her statement of defence
that she is the daughter of one Bukari Fulani; that the cattle which were sent
to Addotey Tei belonged to the said Bukari Fulani. Her case is that some time
after the cattle had been sent to the plaintiff, she and Addotey Tei visited
the plaintiff and found that fifteen of the cattle were missing and upon their
inquiry the plaintiff told them they were out to graze. On a subsequent visit
they realised that the fifteen cows were still not in. It was then that the
plaintiff told them he and Sidi had sold them.<o:p></o:p><o:p>&nbsp;</o:p>Eventually
they removed the rest of the cattle from the plaintiff’s kraal. They reported
the loss of the fifteen cows to the Prampram police and subsequently the
military at Michel Camp. On the advice of the military they searched for and
found five of the missing cows in the kraal of one Nawayo. Upon interrogation
Nawayo disclosed that he had them from the plaintiff and one of the cows had
calved. Both Nawayo and the plaintiff were arrested. The soldiers took the five
cattle and then got the plaintiff to release eleven of his own cattle to make
up sixteen to replace the lost cattle.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff for his part says after his arrest by the soldiers he explained that
he bought two of the cows found with Nawayo from Addotey and Sidi. The soldiers
took the two and forcibly took anoth</main>