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THOMAS OKOE ARUNA NELSON v. ROBERT ANUM, STANDARD CHARTERD BANK (GHANA) HIGH STREET, ACCRA

1999

SUPREME COURT

GHANA

CORAM

  • BAMFORD-ADDO, J.S.C. (PRESIDING)
  • HAYFRON-BENJAMIN, J.S.C.
  • AMPIAH, J.S.C.
  • ACQUAH, J.S.C.
  • AKUFFO, J.S.C

Areas of Law

  • Tort Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

The Supreme Court of Ghana, per Bamford-Addo J.S.C. (presiding), unanimously dismissed Standard Chartered Bankd5s second appeal arising from a dispute over a stolen gear box taken from the transport ownerd5s Willowbrook Bus No. AA 6835 and fitted into the Bankd5s Willowbrook Bus No. GZ 8643 at Robert Anum Motors. Despite police notices in 1983 and 1985, the Bank continued using the bus, advertised it for sale, and sold it with the gear box to a third party. The High Court had erroneously found detinue; the Court of Appeal substituted conversion and recalculated damages. The Supreme Court affirmed conversion, explaining that demand is not essential to conversion and that wrongful dealing and intent to deprive were proven. Hayfron-Benjamin J.S.C. recalibrated damages to a single sum of a210 million (value plus consequential loss), taking judicial notice of economic conditions and limiting consequential loss to two years. The Court held interest is awardable to judgment at the prevailing bank rate under L.I. 1295 and rejected the Bankd5s estoppel argument.

JUDGMENT