MAXWELL YEBOAH @ KWAME
V.
MR. LI & 2 ORS.

(2018) JELR 65681 (HC)    
High Court  ·  SUIT NO.OCC/70/18 ·  6 Feb 2018 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
court
application
counsel
defendants
rule
applicant
basis of this ex-parte application
careful perusal of the processes
chassis number cat
c.i.
date of execution of the order
days
defendant
dlm wp00199
equipment
expenses of the execution of this order
false complaint
jurisdiction
lien
limited period
notice
order
order of preservation
parties
police
preservation
process
respect of cat excavator machine
result of an agreement
subject matter of this application
submissions
tune of ghc
western region

Counsel for the Plaintiff/Applicant moves the court for an order of preservation under order 25 rule 2 (1) and rule 1 (7) of C.I. 47.

The basis of this ex-parte application is that as a result of an agreement between the parties, the Defendant became indebted to the Plaintiff to the tune of GHC 124,600.00. The subject matter of this application which the Plaintiff had a lien over, were forcibly removed by the police based on a false complaint lodged by the Defendants. It has been submitted before this court that the Defendants are in the process of moving the equipment out of the jurisdiction into the Western Region and Beyond.

Upon a careful perusal of the processes filed and after considering the submissions by counsel for the Plaintiff, the court grants the application for preservation in respect of CAT excavator machine with chassis number CAT 0330 DLM WP00199 for a limited period of 10 days from the date of execution of the order. Thereafter, the Plaintiff may repeat the applicatio…

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