THE PROPRIETOR; MOK BEER BAR V. GADA

AGYEPONG J.

The appellant is the proprietor of a beer bar, called Mok, at Zongo Lane, Accra. The case of the respondent in the court below was that on 18 December 1974, he went to the appellant’s beer bar and purchased two bottles of locally made whisky from the appellant. According to the respondent, he bought the whisky in the presence of the appellant’s wife. The respondent paid for the whisky. He appealed to the appellant to reserve the two bottles of whisky for him until he came for them. When the respondent went to collect the bottles of whisky, the appellant told him that he had sold them to another customer and collected the proceeds thereof in addition to the purchase price already paid by the respondent for the two bottles of whisky.

The respondent took action against the appellant in the court below the outcome whereof was that the appellant paid ¢11.00 the cost of the bottles of whisky and ¢2.00 court fee to the respondent: but no costs. The action which provoked the appeal…