GHANA NATIONAL PROCUREMENT AGENCY LTD. v. ELAND INTERNATIONAL PVT LTD.
2004
COURT OF APPEAL
GHANA
CORAM
- FARKYE, J.A. (Presiding)
- AKAMBA, J.A.
- DOTSE, J.A
Areas of Law
- Civil Procedure
- Commercial Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In a ruling authored by Justice S.T. Farkye of the Court of Appeal, the court considered GNPA’s application to stay execution of a High Court order dated 27 February 2004 requiring GNPA to release a stock of rice to the opposing party who had stored 50,000 bags in GNPA’s warehouse and had supplied GNPA with 32,225 bags. GNPA argued the rice was unsuitable for public sale because it was 57% broken rather than the expected 25%. The Court referenced a Ghana Standards Board letter addressed to GNPA stating the rice’s quality was satisfactory, albeit with a higher broken percentage than declared. Observing that rice is perishable and noting GNPA had already sold or distributed most of the bags, the Court found no merit in the application and refused to stay execution. Justices J.B. Akamba and J. Dotse agreed.
RULING
FARKYE, J.A.
The Plaintiff/applicant is in this application, praying for an order staying execution of the decision of the High court dated 27th February 2004. The order of the High Court dated 27th February 2004 was that the Plaintiff/Applicant was to release a stock of rice in the warehouse of the Plaintiff/Applicant to the Defendant/Respondent.
The simple facts of this case are that the Defendant/Respondent kept a quantity of rice 50,000 bags in the warehouse of the Plaintiff/applicant and the Plaintiff/Applicant prevented the Defendant/Respondent from moving the stock of rice that is the 50,000 bags after the Defendant/Respondent had supplied the Plaintiff/Applicant with 32,225 bags of rice.
The Defendant/Respondent filed motion for an order of the release of the 50,000 bags of rice. The High Court on the 27th February, 2004 gave an order that the Plaintiff/applicant should release the stock of rice in its warehouse to the Defendant/Respondent. The Plaintiff/Applicant being dissatisfied has come to this court by motion on notice for stay of execution of the order the High Court dated 27th February, 2004.
The Plaintiff/Applicant is saying the rice which should be 25% broken is 57% broken therefore it is not good for sale to the public Howbeit a letter dated 11-7-03 from Ghana Standards Board to the chief Executive of the Plaintiff/applicant ie GNPA stated "Eland Rice. Your letter GNPA/261/ship 2003-07-03 refers. The quality of the rice is satisfactory but the percentage broken is higher than that declared”.
According to the above stated dictum the quality of the rice is satisfactory therefore it is good for human beings. Therefore the contention by the Plaintiff/applicant that the rice is not good for human consumption is not tenable. The Plaintiff/Applicants was given more than 32,000 bags of rice but at the time the Ghana Standard Board want to inspect the rice on 7/1/2003 the stock of rice at the time was 305 bags. This shows that the Plaintiff/Applicant had either sold a large quantity of the 32,000 bags of rice, which according to them was not good for consumption.
Again rice being perishable can go bagsic. Therefore it is important that the Defendant/Respondent to collect the rice to sell to avoid the rice going bagsic. Without writing thesis this court if of the view that the motion for stay of execution is not meritorious. Accordingly the motion is refused.
S.T. FARKYE,
JUSTICE OF APPEAL
AKAMBA
I agree.
J.B. AKAMBA
JUSTICE OF