SULLEY IBRAHIM VS AGROTROPICS LTD & ANOR
2015
HIGH COURT
GHANA
CORAM
- JENNIFER DODOO (MRS)
- JUSTICE OF THE HIGH COURT
Areas of Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court had to determine ownership of 254 tricycles claimed by three parties. The 1st Plaintiff argued the tricycles were imported with assistance from Agrotropics Ltd. The 2nd Plaintiff claimed Agrotropics took a loan for the tricycles, with repayment from their sale. The Defendant stated he used his property as collateral for the loan. The court reviewed the evidence and held that Agrotropics Ltd owned the tricycles, with the 2nd Plaintiff having a pecuniary interest. The 1st Plaintiff's claims were dismissed. Costs were awarded in favor of the 2nd Plaintiff and the Defendant.
The court made an order for the attachment of 254 tricycles said to belong to Agrotropics Ltd in a previous action. A notice of claim was filed by 2 claimants who claimed ownership of these tricycles.
It was the 1st Claimant’s (hereinafter referred to as the 1st Plaintiff) claim that it ordered the tricycles from the Shadong Haige Industry Camera Group Co. Ltd in China. These tricycles, it said, were consigned to the Ghana Farmers & Fishermen Association.
The 1st Plaintiff said it had applied to Agrotropics Ltd requesting for technical services to clear, assemble and to distribute these tricycles to farmers. This was how the tricycles found their way
into Agrotropic Ltd’s custody. The tricycles, the 1st Plaintiff asserted, did not belong to Agrotropics and could not be attached and used to defray Agrotropic’s debt.
The 2nd Claimant (hereinafter referred to as the 2nd Plaintiff) also made a claim to the tricycles. It was its case that Agrotropics Ltd had taken a loan of GH¢373,000.00 from it. This loan was meant to be applied to clear, assemble and distribute the 550 tricycles. Repayment of the loan facility was to be made from the sale of the tricycles. During an earlier suit, the court had ordered that the tricycles be sold and the proceeds paid to the UT Bank.
The Defendant in its affidavit of dispute stated that he had an interest in the tricycles which he denied belonged to the 1st Plaintiff. According to him, Agrotropics and Mr. Philip Abayori needed money to clear and assemble the tricycles. They approached the 2nd Plaintiff for a loan. They also approached him to solicit for the use of his landed property House No. 2 Olympic Close, Kokomlemle, Accra to secure the credit facility from 2nd Plaintiff. As a result, he executed a mortgage in favour of 2nd Plaintiff to secure the credit facility for the disbursement of the loan.
The Defendant averred that Agrotropics had since been selling the tricycles without paying the proceeds to the 2nd Plaintiff. He asserted that having used his property to secure the loan meant for the clearing, assembling and distribution of the tricycles, he had an interest in the tricycles until the loan had been paid in full and his property restored to him.
The court proceeded to take evidence from the 3 rival contenders to determine the true ownership of the vehicle in question.
The 1st Plaintiff’s representative told the court he was the Technical Director of the Plaintiff organization. The organization had through i