DANQUAH v. TIMBER & TRANSPORT CO LTD.

JUDGMENT OF SOWAH J. A.

This is an appeal from the decision of the Circuit Court, Sekondi, dismissing the plaintiff-appellant’s (hereafter referred to as the appellant) claim for goods sold and delivered and allowing the counterclaim of the defendant-company-respondent (hereafter referred to as the respondents) in respect of damages for breach of contract and conversion of logs delivered to the respondents and subsequently sold by the appellant to other purchasers. The damages awarded were N¢1,732.65 for the breach and N¢200.00 for the tort of conversion.

The appellant being dissatisfied with the judgment has appealed to this court and the only ground of appeal was: “Judgment was against the weight of the evidence,” though, in my view, the appeal itself raised a few legal issues. Counsel, however, under this blanket ground, argued these legal grounds.

The parties to this appeal entered into an agreement on 15th March 1968, whereby the appellant agreed to supply, export and sawmill logs produced from his timber concession to the respondents. In the event the main theme of this action had been the meaning and import of this agreement. The relevant portions of this agreement read as follows:

“It is hereby mutually agreed between Messrs. Timber and Transport Co. Ltd. of Asokwa, Kumasi and Mr. T.T. Danquah, bearing property mark ‘YAD’ now residing at Ateiku in the Wassaw-Fiase district of Ghana, that Messrs. Timber and Transport Co., Ltd. place at his disposal their caterpillar in Mr. T.T. Danquah’s concession known as Ben East Forest Reserve near Ateiku, under the following conditions:

(1) That Mr. T.T. Danquah, will be responsible for the following trees; cross-cutting, and also be responsible for the payment of compensation to farmers for the destruction of cocoa trees and foodstuff farms, if any exist, within the area of operation.

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(2) That Mr. T. T. Danquah will pay royalties, silviculture fees, etc. of trees felled to the Ministry of Lands.

(3) That in the case of fuel etc. for the caterpillar, Mr. T. T. Danquah will be responsible for the supply of gas oil only and that Messrs. Timber and Transport Co., Ltd. be responsible for the engine oil, spare parts etc. and the wages of the caterpillar driver and boys. Further Mr. T. T. Danquah should find accommodation for the caterpillar personnel.

(4) That the cost of transportation of Messrs. Timber and Transport Co., Ltd. caterpillar by road and rail from Kumasi and Ateiku and vice versa wil