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May 25, 1981
HIGH COURT
GHANA
CORAM
By his amended writ of summons and statement of claim, the plaintiff claims against the defendants herein, jointly and severally, the sum of ¢47,115 being the cost of 117 crates of fish and empty crates wrongfully seized from the plaintiff’s cold store at Takoradi by the first defendant-corporation per her agents or servants, the second, third and fourth defendants. The plaintiff, in addition, claims against the defendants damages for wrongful seizure of the said fish and for the disgrace, inconvenience and the ignominy brought upon. him. The plaintiff claims further, interest at the rate of eighteen and half per centum on the sum of ¢47,115 as from 26 October 1978 up to the date of final judgment.
The evidence before this court is that the plaintiff, a retired deputy superintendent of police, owns the African Grocery and Cold Store at Takoradi. The plaintiff buys and sells all types of fish. He used at times to obtain his supply of fish from the first defendant-corporation, the State Fishing Corporation, and at times from private boat owners and fish dealers, one of whom was a Mr. Narh. The plaintiff’s said cold store, where he stored and sold fish was operated by his own son, J. S. Fynn Jnr.
By the early hours of 26 October 1978, the plaintiff’s agent, J. S. Fynn Jnr. had obtained and purchased two consignments of fresh fish, red snappers, totalling 117 crates, from one John Tetteh Narh, a fisherman and the owner of a fishing boat. The first consignment of 55 crates of fresh fish, was bought on 23 October 1978 and the second consignment of 62 crates was bought on 26 October 1978. The plaintiff claims he has a standing order of fresh fish, red snappers, from the Ashanti Goldfields Corporation at Obuasi, and having therefore consigned all the 117 crates of fresh red snappers to his customers, the Ashanti Goldfields Corporation, he sent his agent, J. S. Fynn Jnr. out in the morning of the 26 October 1978, to buy rubber bags and empty crates for him to enable him get the consignment ready for conveyance to the Ashanti Goldfields Corporation at Obuasi.
The plaintiff was consequently in his cold store on 26 October 1978 at about 11.30 a.m. waiting for his son, when two policemen, one in uniform, entered the cold store with the second defendant, who was introduced as a security officer at the State Fishing Corporation; the two policemen were the third and fourth defendants respectively. The following is what the plaintiff said, among other things:
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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.