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ASD LUMBER (GH) LTD (PLAINTIFF/APPELLANT) V. DANIEL OPOKU- ADABOWEST TANOKROM- TAKORADI AND THE ATTORNEY-GENERAL ATTORNEY GENERAL’S DEPARTMENT SEKONDI

(2013) JELR 64942 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/27/2012  •  21 Mar 2013  •  Ghana

Coram
MARFUL-SAU JA (PRESIDING), DENNIS ADJEI JA, BARBARA ACKAH-YENSU JA

Judgement

MARFUL-SAU, JA

The record of this appeal raises three fundamental issues that need to be resolved. These are:-

(i) whether or not the plaintiff/ appellant to be referred to as appellant acquired any legal interest in Western Veneer Lumber Company (WVLC) to enable it commence this action at the court below

(ii) whether or not the entity named Subin Timbers Company Limited was de-confiscated by the Government of Ghana; and

(iii) whether the trial court was right in refusing the plaintiff/ appellants claim for conversion or detinue

From the record of appeal the facts of this case seems to be that Subin Timbers Company Ltd (STC) which was incorporated in 1969 entered into a loose partnership arrangement with Kwofie Timber Agency which was incorporated in 1972. Subin Timbers Company Ltd was managed by one Ivo Fiorini while Kwofie Timber Agency was under the management of one Ohene Kwofie. The evidence on record shows that these two managers pooled resources both financial and raw materials toge…

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