STATE FISHING CORPORATION vs. FYNN []DLSC1004

Date
Suit No.
Citation No.	[]DLSC1004

EDWARD WIREDU JA

ABBAN JA

OSEI-HWERE J.A..

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

MRS. ADUSA-AMANKWA FOR THE THIRD AND FOURTH APPELLANTS.

I. OSEI BONSU FOR THE RESPONDENT

[]DLSC1004
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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STATE FISHING CORPORATION
<o:p></o:p>

{COURT OF APPEAL} <o:p></o:p>

[1984-86] 1 GLR 16<o:p></o:p>

DATE:
<o:p></o:p>

</div><o:p>&nbsp;</o:p>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">

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

MRS.
ADUSA-AMANKWA FOR THE THIRD AND FOURTH APPELLANTS.<o:p></o:p>

I.
OSEI BONSU 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">

EDWARD WIREDU, ABBAN AND OSEI-HWERE JJ.A..<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.A.<o:p></o:p>The first
appellant is a corporate body. The second appellant was a senior security
officer in the employment of the first appellant. The third and fourth
appellants were police officers.<o:p></o:p><o:p>&nbsp;</o:p>In the
forenoon of 26 October 1978, the area manager of the first appellant called the
second appellant and told him that he, the area manager, had received
information that a vessel belonging to the first appellant was discharging
cartons of fish at Ngeresia near Sekondi and that the second appellant should
proceed to Ngeresia to verify.<o:p></o:p><o:p>&nbsp;</o:p>The
second appellant left for Ngeresia with the accountant of the first appellant
and in the car of the accountant. The visit of the second appellant and the
accountant to Ngeresia, in the words of the second appellant, “did not disclose
anything.” The second appellant reported back to the area manager. The area
manager then instructed the second appellant to go to the respondent’s grocery
at Takoradi. The second appellant, as an obedient servant, went to the
respondent’s grocery where he saw (again to use the second appellant’s own
expression) “red snappers being off-loaded into the cold-store and the vehicle
which brought the same was moving away.”<o:p></o:p><o:p>&nbsp;</o:p>The
second appellant then dashed to the police station and made a complaint. The
substance of the said complaint as stated by the second appellant in his
evidence is 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">“we had
had information that one of our vessels had off-loaded fish at Ngeresia and we
believe that the fish off-loaded into the plaintiff’s (the respondent’s)
cold-store that same day belonged to the first defendant (the first
appellant).”<o:p></o:p><o:p>&nbsp;</o:p>The
fourth appellant put the gist of the complaint which the second appellant made
in a slightly different manner. According to the fourth appellant, the second
appellant at the police station stated that he, the second appellant, suspected
that the fish being off-loaded at the respondent’s cold-store had been stolen
from one of the vessels of the first appellant. Following the said complaint
the third and fourth appellants obtained a search warrant from a superior
police officer. Armed with this warrant the second appellant led them to the
respondent’s grocery— African Grocery &amp; Cold Store— at Takoradi.<o:p></o:p><o:p>&nbsp;</o:p>The
respondent dealt in both fresh and frozen fish. That is he was buying and
selling fish of all types. He used to buy some from the first appellant, from
private fishing boat-owners and from other fish dealers. That morning the
respondent, through his son and agent, had bought consignments of fresh fish,
red snappers, from one John Tetteh Narh who was a fisherman and a fishing
boat-owner.<o:p></o:p>