G. B. Ollivant Ltd V. S. M. Arab (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Carriage of goods—independent contractor—conversion by servants committed in the course of employment.

Facts

The respondents, who are^jrivate carriers, entered into a contract with the appellants for the carriage of their goods. The goods were carried by the respondents’ lorries and the drivers were employed by the respondents.

The goods placed in the lorries for delivery to the appellants’ stores were stolen by the respondents’ drivers and others, who were subsequently convicted for the theft.

The appellants sued the respondents for conversion. The trial Judge held that the theft by the respondents’ drivers was outside the scope of their employment and accordingly the respondents were not liable. The appellants appealed on the ground that the conversion was in the course of their employment

Held

The Court followed the decision of the Privy Council in the case of the United Africa Company Ltd. v Saka Owoade (3), and held that there was no difference in the liability of a master for wrongs whether for fraud or any other wrong Committed by a servant in the course of his employment, and found that on the admitted evidence the goods were converted by the respondents’ servants in the course of their employment.

Appeal allowed and Judgment entered for the Plaintiffs Appellants.