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KWABENA BOATENG
V.
MELBOND MICROFINANCE COMPANY LTD.

(2018) JELR 66094 (HC)

High Court 18 May 2018 Ghana
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- The defendant’s actions in locking out the plaintiff’s premises constituted unlawful trespass and warranted nominal damages of GH₵10,000.00 to the plaintiff; however, special damages for lost sales were denied for lack of strict proof. -

Case Details

Suit Number:CIVIL APPEAL NO.CM/0772/2016
Judges:SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT
Counsel:ISAAC AKWANTE ESQ. FOR ANTWI ABUAKWA ESQ. FOR PLAINTIFF PRESENT; JOHN DAVID MERSON ESQ. FOR DEFENDANT.

JUDGEMENT

ASIEDU J.

By a writ of summons issued on the 11th November 2016, the plaintiff claims against the defendant company.

a. An order declaring that the act of the defendant in locking out plaintiff and ransacking his shop and carrying away his merchandise without any court order is unlawful and an affront to Plaintiff’s right to due process.

b. A declaration that the unilateral takeover of Plaintiff’s houses without recourse to the courts is unlawful, void and of no effect.

c. An order directed against the defendants to pay for the merchandise they carried from plaintiff shop and had kept all this while.

d. An order directed against the defendant to pay for the sales of the one week that defendants locked out plaintiff and prevented him from working.

e. An order declaring defendant’s acts as a breach of contract and compensation for the breach.

f. Any other relief the court deem fit.

After the service of the writ and the accompanying statement of claim on the defendant and after the fili…

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