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TAWIAH V. GHANA CIVIL AVIATION AUTHORITY AND OTHERS

(1988) JELR 68001 (SC)

Supreme Court  •  8 Jul 1988  •  Ghana

Coram
PIESARE AG. J.

Judgement

PIESARE AG. J.

By the amended writ, the plaintiff is claiming against the defendants jointly and severally:

“1. An order for recovery of the first defendant’s storage tank sold to the plaintiff at a public auction sale conducted on 30 July 1984 which the first defendant has refused to release or deliver to the plaintiff despite repeated demands by the plaintiff.
2. Damages for detinue, in the alternative; damages for breach of contract.
3. Perpetual injunction to restrain the defendants from interfering with the storage tank.”

In this suit, most of the material facts are not in dispute. The first defendant, the Civil Aviation Authority, was the owner of a storage tank of about 20,000 gallons capacity. Some time before July 1984 they decided to sell this storage tank as an unserviceable store item. By the letter dated 16 April 1984 the Ministry of Finance approved of the disposal of that storage tank by auction sale. The first defendant therefore contacted an auctioneer, and the intended…

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