Customer Support

BIG BOYS COMPANY LTD.
V.
ACCESS BANK (GH) PLC

(2020) JELR 107043 (CA)

Court of Appeal 26 Nov 2020 Ghana
BriefBot icon

BriefBot Summary

Free

- The Court of Appeal set aside the trial court’s award of special damages for loss of income due to wrongful attachment of Plaintiff’s crane, holding that special damages must be specifically pleaded and strictly proven, which Plaintiff fa

Case Details

Suit Number:H1/164/2020
Judges:B. ACKAH-YENSU, JA (PRESIDING). AMMA GAISIE, JA. OBENG-MANU JNR., JA

JUDGMENT

B. ACKAH-YENSU, JA

INTRODUCTION

I have had the benefit of reading the opinion of my learned brother, Obeng-Manu Jnr., JA. I am in agreement with his conclusion but I have a few thoughts which I want to add to the said opinion, particularly in respect of the award of special damages by the trial court.

BACKGROUND FACTS

Plaintiff/Respondent asserted that it had hired its 450 ton Crane to Messrs Rockshell International Limited under a contract for a period of 23 months at the rate of $25,000.00 per day. While the Crane was under the custody of Rockshell Int. Ltd., it was attached by the Deputy Sheriff at the instance of Plaintiff/Respondent for the reason that Rockshell Int. Ltd. had defaulted in the payment of a loan granted by the Bank to Rockshell Int. Ltd. Defendant/Appellant consequently obtained judgment against Rockshell Int. Ltd. Defendant/Appellant filed a Notice of Claim and an Affidavit of Interest in respect of the Crane, and the Crane was consequently released from attac…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.