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PETER ANKUMAH
V.
CITY INVESTMENT CO. LTD

(2007) JELR 92101 (SC)

Supreme Court 30 Jul 2007 Ghana
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- The case is an appeal against the Court of Appeal's dismissal of an appeal regarding the assessment of damages made by a High Court in Accra. - The appellant had sued a financial institution for the unlawful seizure of his car and refrig

Case Details

Suit Number:CIVIL APPEAL NO. J4/31/2007
Judges:BROBBEY, J.S.C. (PRESIDING) DR. DATE-BAH, J.S.C. ANSAH, J.S.C. MRS. ADINYIRA, J.S.C. BAFFOE-BONNIE, J.S.C.
Counsel:George Amagyei for the Plaintiff/Appellant/Appellant. K. Ansah Asare for Defendant/Respondent/Respondent.

JUDGMENT

ADINYIRA, (MRS.), J.S.C

This is an appeal against the judgment of the Court of Appeal dated 1 June 2007, dismissing an appeal by the appellant against the assessment of damages made by a High Court, Accra, in a detinue  action instituted by him against the respondent.

The facts underlying the appeal are quite simple.  On 9 September 1998, the appellant sued the respondent a financial institution at the High Court, Accra, for:

1. Delivery up of Mitsubishi Saloon Car with registration number GR 9185 unlawfully caused by the defendants to be seized by the Sheriff or the value of the said car and damages for its detention.

2. Delivery up of one refrigerator unlawfully caused by the defendants to be seized by the Sheriff on execution or the value of the said car and damages for its detention.

The appellant in paragraph 4 of his statement of claim averred that he demanded the return of his seized properties but the respondent refused; as a result he had suffered loss and damages, which h…

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