Ratio Decidendi



MAJDOUB & CO. LTD.
V.
W. BARTHOLOMEW & CO. LTD.

(1962) JELR 69790 (HC)    
High Court  ·  21 Feb 1962 ·  Ghana
 · 
Other Citations
[1962] 1 GLR 122
CORAM
DJABANOR J.

Ratio Decidendi

Core Terms Beta
amp
defendants
majdoub
plaintiffs
attachment
case
4th january
majdoub company
28th december
company
general damages
writ of fi
company limited
plaintiff-company’s store
attachment of the plaintiffs
co. ltd.
date of judgment
execution of their judgment
firm of fattal
judgment-creditors
loss of reputation
3rd december
admitted paragraph
bailiff of the high court
combined effect
defendants’ instructions
deputy sheriff
dissolution of fattal
father g.m.
firm fattal
immediate release of the said store
j. j. peele
limited liability company
lord halsbury l.c.
loss of profit
managing clerk of the defendants
messrs. fattal
mr. a. r. majdoub
number of days
property of the plaintiffs
said representative of the defendants
said store
sale of the properties of the plaintiffs
singular goods
specific instructions of the said representative
statement of defence
store of the execution debtors
time fattal

DJABANOR, J.

In fact, in April, 1960, action had been taken in this court by the defendants against the firm Fattal and Majdoub and Company, claiming the sum of £G1,350. Judgment was entered in November, 1960, after the dissolution of Fattal and Majdoub, for this amount with costs. If either the defendants or the plaintiffs had accordingly substituted the plaintiffs for the firm of Fattal and Majdoub there would have been no trouble. But there was trouble, and it arose in this way. When judgment was entered for the defendants against the firm of Fattal and Majdoub the defendants applied for a writ of fi. fa. against that firm in execution of their judgment. According to the deputy sheriff the writ was endorsed for the attachment of:

“All and singular goods, counters and shelves in the store of the execution debtors, Messrs. Fattal and Majdoub in the premises situate and known as Plot No. 604 O.T.B. district of Kumasi.”

It was dated the 3rd December, 1960 and signed by J. J. Peele and Com…

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