CHELLARAM & SONS (GHANA) LTD. v. HALABI

JUDGMENT OF CRABBE J.S.C.

This appeal is against a decision of Scott J. given on the 13th February, 1959, in the Divisional Court, Kumasi, and arises in these circumstances: The appellants (hereinafter referred to as the defendants) took action against the Northern Territories Traders Ltd. for a debt due and owing, and on the 18th July, 1958, the writ of summons was served on the managing director of the company, who incidentally is the husband of the respondent (hereinafter referred to as the plaintiff). On the 23rd July, 1958, the plaintiff 's husband entered appearance for his company, and on the 9th September, 1958, the defendants recovered judgment against the Northern Territories Traders Ltd. for the sum of £G700 approximately. Consequently, the defendants attached the goods of the Northern Territories Traders Ltd. in their store in house No. O.B.433, Kumasi.

The plaintiff then claimed that she was the owner of all the goods in the said store and brought an action seeking an order of the court to release the store and goods from attachment and to declare her the owner of the store and the goods therein. The statement of claim filed on her behalf and in which she alleged the grounds on which her claim was based was in the following terms:

"CLAIMANT'S STATEMENT OF CLAIM

1. The claimant was employed by the Northern Territories Traders Ltd. in September, 1954, as a storekeeper at a salary of £G20 per month and then promoted to the post of assistant manager at a salary of £G50 per month as from the 1st April, 1958.

2. The claimant was not paid the salary due to her from the 31st March, 1957, to the 1st April, 1958, amounting to £G240, and then for further four months (from the 1st April, 1958, to the 31st July, 1958) amounting to £G200, thus bringing the total salary in arrears due to the claimant to £G440.

3. On the 31st July, 1958, the claimant agreed with the said company that the business of the company being carried on in a store room in house No. O.B.433, together with the goodwill, be sold to the claimant at a price of £G1,160 10s.

4. It was further agreed that the salary of £G440 due to the claimant should go in part payment of the purchase price and that the claimant should pay the balance of £G720 10s. there and then; it was in fact paid.

5. On the 18th August, 1958, a document was executed by a representative of the said company and the claimant to evidence the transaction in writing.

[p.217]

6. The claimant therefore says tha