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FYNN v. STATE FISHING CORPORATION AND OTHERS

May 25, 1981

HIGH COURT

GHANA

CORAM

  • ANSAH-TWUM J

Areas of Law

  • Tort Law
  • Evidence Law

AI Generated Summary

Justice Ansah-Twum of the High Court adjudicated a tort claim arising from the State Fishing Corporation’s seizure of 117 crates of fresh red snapper fish and 45 empty crates from the African Grocery and Cold Store in Takoradi, owned by retired Deputy Superintendent of Police J. S. Fynn. Acting on directions from area manager A. S. Kwadede, senior security officer F. A. Gyimah led two policemen to execute a search warrant (exhibit 3) and remove the fish, despite Fynn’s protest that he purchased the fish from boat owner John Tetteh Narh. The police later advised the corporation to restore the fish, but the corporation refused. The court found Gyimah and the policemen acted as agents of the corporation, lacked reasonable and probable cause, trespassed to the plaintiff’s goods, and unlawfully detained the fish, causing reputational harm and financial loss. The court awarded the value of the fish and crates (¢47,115), interest at 18.5% per annum, punitive damages of ¢25,000 for reprehensible conduct, and costs of ¢5,000.

JUDGMENT