Alfred Dwamena Vrs Troystell Co. Ltd & 2 Ors [2022] GHACC 282 (9 December 2022)

Alfred Dwamena Vrs Troystell Co. Ltd & 2 Ors [2022] GHACC 282 (9 December 2022)

Plaintiff failed to prove on a balance of probabilities that the roofing sheets retrieved from his house were those he lawfully purchased, as the evidence showed the retrieved sheets were of a different type and not covered by his purchase documents. Plaintiff also failed to prove Defendants collected the sheets without his knowledge.

Citation
[2022] GHACC 282
Parties
Plaintiff: Alfred Dwamena; 1st Defendant: Troysteel Co. Ltd.; 2nd Defendant: Joseph Osei; 3rd Defendant: Rosemary Osei
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
9 December 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claims dismissed
Legal Topics
Burden of Proof, Conversion, Employment Dismissal, Recovery of Property
Source Language
English
Civil Procedure Property Law Employment Law Burden of Proof Conversion Employment Dismissal Recovery of Property

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Parties

Alfred Dwamena

Plaintiff

Troysteel Co. Ltd.

1st Defendant

Joseph Osei

2nd Defendant

Rosemary Osei

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Plaintiff purchased certain quantities of roofing sheets from 1st Defendant which were subsequently seized by the 2nd and 3rd Defendants
  2. 2 Whether Plaintiff was the one who accompanied Defendants to his house to retrieve the stolen roofing sheets

Ratio Decidendi

Plaintiff failed to prove on a balance of probabilities that the roofing sheets retrieved from his house were those he lawfully purchased, as the evidence showed the retrieved sheets were of a different type and not covered by his purchase documents. Plaintiff also failed to prove Defendants collected the sheets without his knowledge.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Plaintiff's claims are dismissed
  • Costs of GHS2000 awarded in favour of Defendants