Detinue in Ghana case law.

As to the entitlement of the appellant to collect the alleged dues in respect of fish sent to the Kumasi market for sale we observe that this is not clothed with any legal authority. Even if it were so, it may be alright where goods of the members of the association are concerned, but as already pointed out the respondent does not belong to the appellant’s association, and the fish in question was not delivered at her shed; under the circumstances, there can be no justification for the appellant’s demand for the payments of any dues in respect of the respondent’s fish delivered at the market. What the appellant appears to rely on is an alleged right conferred upon her by the Regional Commissioner to collect dues. It is not, however, shown whether the Regional Commissioner himself has any legal power or authority to vest the appellant with such a right.

DANSOWAH v. TOM [1962] 1 GLR 403 [1962] SLR (SC) 22 · Supreme Court · 1962 · VAN LARE JSC

On a proper evaluation of the evidence as has been made by the judge on appeal who was in the same position as the trial district magistrate so far as drawing inferences from the facts are concerned, we are satisfied that there can be no other finding but that the appellant detained the respondent’s fish until they rotted relying upon an invalid right in so doing, and that such detention is unlawful and the appellant is liable in damages resulting therefrom.

DANSOWAH v. TOM [1962] 1 GLR 403 [1962] SLR (SC) 22 · Supreme Court · 1962 · VAN LARE JSC