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RULING
FARKYE, J.A.
The Plaintiff/applicant
is in this application, praying for an order staying
execution of the decision of the High court dated 27th
February 2004. The order of the High Court dated 27th
February 2004 was that the Plaintiff/Applicant was to
release a stock of rice in the warehouse of the
Plaintiff/Applicant to the Defendant/Respondent.
The simple facts of
this case are that the Defendant/Respondent kept a
quantity of rice 50,000 bags in the warehouse of the
Plaintiff/applicant and the Plaintiff/Applicant
prevented the Defendant/Respondent from moving the stock
of rice that is the 50,000 bags after the
Defendant/Respondent had supplied the
Plaintiff/Applicant with 32,225 bags of rice.
The
Defendant/Respondent filed motion for an order of the
release of the 50,000 bags of rice. The High Court on
the 27th February, 2004 gave an order that the
Plaintiff/applicant should release the stock of rice in
its warehouse to the Defendant/Respondent. The
Plaintiff/Applicant being dissatisfied has come to this
court by motion on notice for stay of execution of the
order the High Court dated 27th February, 2004.
The Plaintiff/Applicant
is saying the rice which should be 25% broken is 57%
broken therefore it is not good for sale to the public
Howbeit a letter dated 11-7-03 from Ghana Standards
Board to the chief Executive of the Plaintiff/applicant
ie GNPA stated "Eland Rice. Your letter GNPA/261/ship
2003-07-03 refers. The quality of the rice is
satisfactory but the percentage broken is higher than
that declared”.
According to the above
stated dictum the quality of the rice is satisfactory
therefore it is good for human beings. Therefore the
contention by the Plaintiff/applicant that the rice is
not good for human consumption is not tenable. The
Plaintiff/Applicants was given more than 32,000 bags of
rice but at the time the Ghana Standard Board want to
inspect the rice on 7/1/2003 the stock of rice at the
time was 305 bags. This shows that the
Plaintiff/Applicant had either sold a large quantity of
the 32,000 bags of rice, which according to them was not
good for consumption.
Again rice being
perishable can go bagsic. Therefore it is important that
the Defendant/Respondent to collect the rice to sell to
avoid the rice going bagsic. Without writing thesis this
court if of the view that the motion for stay of
execution is not meritorious. Accordingly the motion is
refused.
S.T. FARKYE,
JUSTICE OF APPEAL
AKAMBA
I agree.
J.B. AKAMBA
JUSTICE OF APPEAL
DOTSE
I also agree
J. DOTSE
JUSTICE OF APPEAL
COUNSEL
MR. KWUKUBAAH FOR THE
PLAINTIFF/APPLICANT
MRS JUSTKING T. DONKOR
FOR DEFENDANT/RESPONDENT |
