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DANIEL SARFO vs. JONAS QUARTEY

(2022) JELR 109931 (HC)

High Court 30 May 2022 Ghana
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- Plaintiff sought declarations and consequential reliefs for the allegedly unlawful seizure of his Hyundai 5-ton truck by Defendant, including replacement of the truck or its value and loss of income. - The relevant facts established that

Case Details

Suit Number:GJ/1680/2019
Judges:HIS LORDSHIP FRANCIS OBIRI
Counsel:STEPHEN SAH FOR THE PLAINTIFF ROBERT YARTEY FOR THE DEFENDANT

JUDGMENT

The Plaintiff per his writ of summons filed on 26 July, 2019 claims against the Defendant as follows: -

a.  A declaration that Defendant seizure of Plaintiff’s Hyundai 5-ton truck with registration number AW 9075-14 in August, 2016 was unlawful, and an order directed at Defendant to replace Plaintiff’s said truck or in the alternative recovery of the market value of the said truck.

b.  An order setting aside any purported court order granting Defendant the authority to seize Plaintiff’s truck.

c.  Recovery of loss of income from the Defendant’s illegal seizure of the said vehicle from August 2016 to date of payment assessed at GH¢7,000.00 per week.

The Defendant entered appearance on 9 August 2019 and filed his defence on 11 October, 2019.  At the close of pleadings, the following issues were set down for trial.

a. Whether or not Defendant seized Plaintiff’s car, the subject matter of this suit.

b. Whether or not Plaintiff voluntarily left the car, the subject matter of this suit in…

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