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STANDARD CHARTERED BANK (GHANA) V. NELSON

(1999) JELR 66323 (SC)

Supreme Court  •  13 Jan 1999  •  Ghana

Coram
BAMFORD-ADDO JSC, CHARLES HAYFORD-BENJAMIN JSC, AMPIAH JSC, ACQUAH JSC, AKUFFO JSC

Appearances
KUDZAWU (WITH STANLEY AMARTEIFIO) FOR THE DEFENDANT-APPELLANT; APATU-PLANGE (WITH HIM TAGOE AND DE-PAUL) FOR THE PLAINTIFF-RESPONDENT.

Judgement

BAMFORD-ADDO JSC.

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 t…

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