GH - ROCKSHELL INTERNATIONAL LTD. v. WAHOME STEEL LTD.

ARYEETEY, J.A.

According to the indorsement on the plaintiffs/respondents writ of summons they claim for “(1) The delivery or return or the replacement value of their building at Lawlawvor Greater Accra Region together with its contents of spare parts, furniture, stores quarrying, mining and construction equipment belonging to the plaintiffs and destroyed or unlawfully appropriated or converted by the defendants to their own use. (2) Damages for unlawful conversion and or appropriation or destruction by the defendants of the said, stores, quarrying, mining and construction equipment.” Their pleading gives the basis of their claim as follows: About ten years prior to filing their Statement of Claim on 15th November 1996, they were awarded a contract in connection with the Keta Sea Defence project. For the purpose of that contractual arrangement with the government, they imported into the country plant and equipment, which they kept at Metsri Kassa in the Volta Region to await the commencement of the execution of the contract. Meanwhile the government terminated the contract. The respondents therefore removed the plant and equipment to their quarry site at Lawlawvor for storage and for hire while they were not in use by them. They continued to hire out the said equipment to contractors and other clients until 14th April 1993 when their quarrying licence was revoked. Even then, they continued the hiring of their plant and equipment business until June 1995 when their equipment at the plant yard at Lawlawvor was consumed by fire set by agents of the appellants in their effort to gain access to the quarry site and the said plant and equipment. Upon investigation, it was disclosed that after the fire the heavy metal equipment for quarrying, mining and other heavy construction was gas-cut and removed from the site. The pieces of metal were taken to the premises of the appellants who converted them to their own use. Before the respondents filed their writ of summons in the High Court, the appellants' representative had been found guilty of Dishonestly Receiving contrary to section 146 of the Criminal Code, 1960 (Act 129) and convicted by the Accra Circuit Court.

The appellants on their part denied the respondents' claim in its entirety. They made it clear in their Statement of Defence that the Shai Traditional Council, acting through Nene Okuampah Korabo IV, invited them to remove scrap materials from a site at Lawlawvor. At page 201 of Volume II of "Exhibits" b

ARYEETEY, J.A.

ROCKSHELL INTERNATIONAL LTD. v. WAHOME STEEL LTD.

Areas of Law