NANEVIE
V.
CUSTOMS, EXCISE AND PREVENTIVE SERVICE AND OTHERS

(2004) JELR 63513 (CA)    
Court of Appeal  ·  26 Mar 2004 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 61
CORAM
TWUMASI JA, OWUSU-ANSAH JA, ANIM JA
Core Terms Beta
respondent
learned trial judge
prevailing bank rate
powers
three-month licence
adumua-bossman j
civil procedure
ends of justice
facts of the case
prevailing exchange rate
trial court
trial judge
writ of summons
amendment of the respondent
appropriate awards
behalf of the respondent
benz car
cost of repairs
course of the proceedings
damaged toyota lexus saloon car
exercise of the powers
first defendant’s unlawful act
following awards
following terms
high court
higher price
legal proceedings
long experience
nahum v o wolley
order of injunction
orders of the court
plaintiff amounts
plaintiff’s writ
propriety of the power of amendment
public policy
quantum of the award
real question
record of appeal
record of proceedings shows
repaired car
replacement of the mercedes benz car
right decision
root causes
rules of court
said mercedes benz car
standard chartered bank
statement of claim
time efforts
unanimous decision of the court

JUDGEMENT

Twumasi JA delivered the unanimous decision of the court. On 30 November 1996 a Togolese national, the respondent herein, brought into Ghana a newly acquired Mercedes Benz car valued at DM43,000. Intent to stay in the country for a while, he duly applied for and obtained a three-month licence from the Customs, Excise and Preventive Service of Ghana (hereinafter referred to as CEPS).

The respondent instituted legal proceedings against CEPS and two others on the grounds stated in his statement of claim that, while the three-month licence was still valid, CEPS seized the vehicle and sold it to a Lieutenant Colonel who in turn sold it at a higher price to another person. According to the respondent, CEPS offered him terms of settlement whereby CEPS agreed that he should repair a damaged Toyota Lexus saloon car and keep it in replacement of the Mercedes Benz car. He said he duly implemented the arrangement, yet CEPS refused to release the repaired car to him and also failed to sett…

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