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BANK FOR HOUSING AND CONSTRUCTION
V.
BOAHEN

(1994) JELR 69465 (CA)

Court of Appeal 2 Jun 1994 Ghana
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- Adu Boahen sued the Bank for Housing and Construction for damages and an injunction related to the wrongful detention of his vehicle. - The defendant argued that they lawfully seized the vehicle and counterclaimed for the amount owed by t

Case Details

Judges:LAMPTEY JA, ESSIEM JA, BROBBEY JA
Counsel:JOE REINDORF (WITH HIM MISS ANKRAH) FOR THE APPELLANT; DR SETH TWUM FOR THE RESPONDENT.

LAMPTEY JA.

In July 1988, Adu Boahen (hereinafter called the plaintiff) sued the Bank for Housing and Construction (hereinafter called the “defendant”) and claimed the following reliefs as per his amended writ of summons:

“(1) ¢25,000,000 damages for the wrongful detention of the plaintiff’s vehicle No ARA 1359 whereof ¢21 million represents special damages and the balance, general damages.

(2) An injunction to restrain the defendant or its agents or servants from selling, disposing of or in any way dealing with the said vehicle without the consent of the plaintiff.

(3) An order for the delivery by the defendant to the plaintiff of the said vehicle.”

The writ of summons was not accompanied by a statement of claim; one was filed some six days later. The cause of action was founded on the seizure by the defendant of the said vehicle sometime in July 1983. The defendant omitted to file its statement of defence on time. In due course and with leave of the court the defendant filed its statemen…

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