Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KWASI APPIAH
V.
UNITED BANK FOR AFRICA

(2017) JELR 108640 (HC)    
High Court  ·  SUIT NO. AB/6/2011 ·  16 Aug 2017 ·  Ghana
CORAM
K. A. GYIMAH

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
court
parties
exhibit
evidence
signature
case
general damages
12th october
garnishee order
garnishee proceedings
property
final judgment
said exhibit
forensic examination
present case
said document
such agreement
bank of ghana
closer look
commercial bank
defendant’s application
defendant’s case
drastic action
entry of judgment
forensic analysis
high court
honourable court
next adjourned date
own opinion
part of the purchase price of the property
prevailing monthly rent
receipt of the forensic report
recovery of possession of the plaintiff
respectful view
said letter
said property
satisfaction of the judgment debt
summary judgment

RULING

GYIMAH, J.

Background 

This court differently constituted entered summary judgment in this case in favour of  the plaintiff on 31st May 2011 for the reliefs endorsed on the writ of summons which included recovery of possession of the plaintiff’s property from the defendant. The  court however set the reliefs for special and general damages for trial. Trial was duly  conducted and final judgment was delivered on 12th October 2011. The court found  as a fact that the plaintiff could not prove its entitlement to the award of special  damages but the court awarded general damages which the court indexed at the sum  equivalent to the prevailing monthly rent on the property from expiration of the tenancy on 28th November 2010 to 21st July 2011 inclusive of interest and cost. 

The plaintiff duly filed an entry of judgment and proceeded to go into execution by  instituting garnishee proceedings. The plaintiff obtained a garnishee order nisi  directed at the Bank of Ghana to show cause wh…

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