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GHANA COMMERCIAL BANK
V.
TABURY

(1977) JELR 64147 (HC)

High Court 14 Jan 1977 Ghana
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- The case involves a plaintiff who is a fish dealer based in Senegal and the defendants who are a financial institution. The plaintiff claimed recovery of 339 bags of salted fish or its value and damages for wrongfully seizing the fish and

Case Details

Judges:SARKODEE J.
Counsel:E. DAWSON FOR THE APPLICANTS; ESSIEM (ASSABERE WITH HIM) FOR THE RESPONDENT.
Other Citations:[1977] 1 GLR 329

SARKODEE J.

This is an application by motion on notice asking for an order to set aside a default judgment delivered by this court on 26 November 1976. The plaintiff, by his writ dated 26 October 1976, claimed against the defendants recovery of 339 bags of salted fish or its value and damages for wrongfully seizing or causing the said fish to be seized. The defendants had failed to release the fish after repeated demands.

Subsequently the plaintiff amended the endorsement and the statement of claim by adding damages for wrongful imprisonment.

The plaintiff, a dealer in fish, is based in Senegal. The defendants are a financial institution and at the time of the action employed a manager at the Sekondi branch of the bank as their agent or servant who at all material times acted for and on behalf of the defendants. The plaintiff shares a warehouse (storage facilities) at house No. 37/9, Fifth Street, Sekondi, with two sisters, Ekua Manang and Ama Atta, both of whom are fishmongers and cust…

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