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FORSON
V.
KOENS AND ANOTHER

(1975) JELR 85861 (HC)

High Court 9 Jul 1975 Ghana
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Case Details

Judges:EDUSEI J.
Counsel:W. A. H. Amarteifio for the plaintiff. Aboagye da Costa for the first defendant. T. Ahlijah, Senior State Attorney, for the second defendant.
Location:Sekondi
Other Citations:[1975] 2 GLR 479- 487

JUDGMENT

Edusei J.

The plaintiff claims against the defendants jointly and severally:

"(a) the return of Mercedes Benz saloon car No. GJ 4722 or the value thereof and

(b) damages for unlawful seizure."

The first defendant agreed to sell to the plaintiff a Mercedes Benz car which had not then arrived in the country, and this was in early 1973. In April 1973, the car arrived and was registered as No. GJ 4722 in the name of one Kwakye who was the consignee of the car. The evidence shows that before the registration of the car, the plaintiff had paid sums of money to the first defendant to enable her to take delivery of the car from the Takoradi harbour and the total sum paid by the plaintiff was to be set against the purchase price to be agreed upon. The first defendant for all practical purposes was the real owner of the car. The plaintiff testified that the first defendant offered to sell the car to him for ¢7,000.00, but it is not clear from the pleadings and the evidence whether this ¢…

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