KROYE-ADUJAMA CO-OPERATIVE SOCIETY vs. HIAWU BESEASE CO-OPERATIVE SOCIETY

The plaintiff co-operative society claimed entitlement to recover 110 bags of cocoa allegedly despatched in April 1961 to the Kumasi Co-operative Society and later stolen. The plaintiff alleged that the stolen cocoa was surreptitiously sold to the defendant co-operative society under circumstances that should have put the defendant on inquiry. The defendant denied purchasing the cocoa. The immediate issue before the court, however, was not the merits of title but whether, both parties being registered societies under the Co-operative Societies Ordinance, the dispute was one 'touching the business' of registered societies and therefore had to be referred to the Registrar rather than determined by the High Court. Portion of judgment: “The action in this case relates to 110 bags of cocoa which the plaintiff society claims it is entitled to recover from the defendant society… The plaintiff society claims that its cocoa having been stolen, was surreptitiously sold to the defendant society… The defendant society for its part denies that it bought any such cocoa as is alleged.”