BANK FOR HOUSING AND CONSTRUCTION
V.
BOAHEN

(1994) JELR 69465 (CA)    
Court of Appeal  ·  2 Jun 1994 ·  Ghana
CORAM
LAMPTEY JA, ESSIEM JA, BROBBEY JA
Core Terms Beta
plaintiff
defendant
exhibit a
damages
trial judge
new vehicle
special damages
said vehicle
date of seizure
instant case
writ of summons
exhibit
adu boahen
articulator head
general damages
trial court
case
statement of claim
reasonable period
undisputed evidence
vehicle no ara
wrong principles of law
berry v berry
building materials
case plaintiff
cause of action
clear intention of the parties
consent of the plaintiff
defendant of the said vehicle
defendant’s right
evidence of intention
following language
following passage
following reliefs
grounds of appeal
head office
joint owner
law of evidence 9th ed
leave of the court
market price of the chattel
morris v baron
part of the parties
plaintiff of the said vehicle
report of the engineer
state insurance corporation
sum plaintiff
support of this submission
terms of exhibit a.
tort of conversion
wrongful detention of the plaintiff

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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