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FYNN v STATE FISHING CORPORATION & ORs

May 25, 1981

HIGH COURT

GHANA

CORAM

  • ANSAH-TWUM J.

Areas of Law

  • Tort Law
  • Evidence Law

AI Generated Summary

The High Court, per Ansah-Twum J., upheld an action by Mr. J. S. Fynn, a retired deputy superintendent of police and owner of African Grocery and Cold Store, Takoradi, against the State Fishing Corporation and its agents. Fynn’s son had purchased 117 crates of fresh red snappers from fisherman John Tetteh Narh for delivery to Ashanti Goldfields Corporation at Obuasi. On 26 October 1978, senior security officer Francis Adjei Gyimah, accompanied by two policemen, presented a search warrant for cartons and pans, asserted the fish belonged to the corporation, and orchestrated removal of all 117 crates and 45 empty crates without a receipt. Eight days later, the police advised the corporation there was no evidence of theft and to return the fish; the corporation refused. The court found no reasonable and probable cause, held the seizure and continued detention wrongful, identified the second, third, and fourth defendants as agents of the corporation, and awarded ¢47,115 plus interest at 18.5%, ¢25,000 punitive damages, and ¢5,000 costs.

JUDGEMENT