STANDARD CHARTERED BANK (GHANA) vs. NELSON [1999]DLSC492

Date	1999-01-13
Suit No.
Citation No.	[1999]DLSC492

BAMFORD-ADDO JSC

CHARLES HAYFORD-BENJAMIN JSC

AMPIAH JSC

ACQUAH JSC

AKUFFO JSC

KUDZAWU (WITH STANLEY AMARTEIFIO) FOR THE DEFENDANT-APPELLANT.

APATU-PLANGE (WITH HIM TAGOE AND DE-PAUL) FOR THE PLAINTIFF-RESPONDENT.

[1999]DLSC492
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													<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">STANDARD CHARTERED BANK (GHANA)<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">NELSON<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p>[1999-2000] GLR 366<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">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 13 JANUARY 1999<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KUDZAWU (WITH STANLEY AMARTEIFIO) FOR THE DEFENDANT-APPELLANT.<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">

APATU-PLANGE (WITH HIM TAGOE
AND DE-PAUL) FOR THE PLAINTIFF-RESPONDENT. <o:p></o:p>

BAMFORD-ADDO, CHARLES
HAYFORD-BENJAMIN, AMPIAH, ACQUAH AND AKUFFO JJSC<o:p></o:p>

</div>JUDGMENT OF BAMFORD-ADDO JSC.<o:p></o:p>In this case the plaintiff-respondent-respondent (hereinafter
referred to as the plaintiff) was a transport owner who owned Willowbrook bus
No AA 6835 which he used for his transport business. The second
defendant-appellant-appellant (hereinafter referred to as the second defendant)
was a bank carrying on business in Ghana as bankers and also owned a
Willowbrook bus No GZ 8643 which was used to transport its workers to and from
work. On 24 November 1982 the plaintiff sent his said bus to the first defendant’s
workshop called Robert Anum Motors for repairs. The second defendant also had
trouble with the gearbox of its bus and sent it to the same workshop for
repairs. It transpired that the first defendant surreptitiously transferred the
plaintiff’s gearbox from vehicle No AA 6835 and fixed it onto the second
defendant’s vehicle No GZ 8643 and abandoned the plaintiff’s vehicle in his
workshop. When the plaintiff discovered this theft of his gearbox, he reported
it to the police who arrested the first defendant and charged him with stealing
the gearbox. He was subsequently tried and convicted at the circuit court and
sentenced accordingly.<o:p></o:p>Even though the plaintiff reported the case to police in 1982 no
action was taken by them until 20 June 1983 when they wrote to the second
defendant telling them of the theft of the gearbox fixed in its vehicle and
asking it to release the bus for investigation. The police sent a reminder to
this letter on 15 August 1983 again asking for the release of the second
defendant’s vehicle for investigation. The latter replied by a letter dated 18
August 1983 to say that the bus was in a workshop for repairs and that it would
be released to the police as soon as it was returned to them from the workshop.
The second defendant failed to send the vehicle to the police as promised, even
though it was released to them from the workshop but continued to use the
vehicle until it was involved in an accident on 1 December 1983.<o:p></o:p>Then in March 1985 the second defendant advertised for sale
certain vehicles in the Ghanaian, Times of 26 March 1985 including bus No GZ
8643 in which the plaintiff’s gearbox was allegedly fixed. The police then sent
another reminder dated 28 March 1985 asking for the release of the said vehicle
for investigations but this was once again ignored by the second defendant who
went ahead and sold the vehicle fixed with the plaintiff’s gearbox to another
person.<o:p></o:p>On these facts the plaintiff commenced action against the
defendants by a writ and statement of claim filed on 22 September 1986, ie
nearly three years and three months after the police first made contact with
the second defendant requesting for a release of bus No GZ 8643 to them. The
police should have seized that bus themselves since they had that power when
investigating a criminal case but failed to do that.<o:p></o:p>In the plaintiff’s writ he claimed in conversion or in the
alternative in detinue or both in respect of his gearbox allegedly fixed in the
second defendant’s Willowbrook bus No GZ 8643. The plaintiff’s amended statement
of claim was formulated 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">“(1) The plaintiff claims in conversion and detinue against the
defendants jointly and severally special and general damages for the loss of
use, and hire of the plaintiff’s gearbox in his transport business done with
his Willowbrook No AA 6803 and for loss of profit therein which loss directly
flows from wrongful removal of the plaintiff’s gearbox by the first defendant
from the plaintiff’s commercial bus aforesaid and the wrongful fixing of same
onto the defendant’s Willowbrook bus No GZ 8643 in or about November 1982 which
the defendant refused to restore to the plaintiff despite demand for same by
the plaintiff, whereof the plaintiff claims as aforesaid ¢28,560 daily sales
from the operation of the commercial transport business aforesaid for 25
working days per menses from 8 November up to the date of judgment plus
interest on the judgment at the current bank rate from November 1982 up to the
date of payment of same. <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">(2) The plaintiff further claims jointly and severally against the
defendants in conversion or in detinue or both for the prevalent replacement
value as at the date of judgment of his gearbox and interest on the judgment
debt at the current bank rate from the date of the removal in or about November
1982 up to the date of judgment or date of payment.”<o:p></o:p>