SEATEC LTD.
V.
PENTON HOOK FARMS LTD. AND OTHERS

(1985) JELR 65688 (CA)    
Court of Appeal  ·  29 Jul 1985 ·  Ghana
CORAM
APALOO C.J.,MENSA BOISON JA,OSEI-HWERE J.A.
Core Terms Beta
defendant
defendants
affidavit evidence
ansah-twum j.
payment
ampiah j.
full payment
status quo
document of transfer
irreparable damage
purchase price
reference number
cash cheque
full payment of the purchase price
interim preservation order
learned judge
motor grader
sale of goods act
alleged receipt
applicant-appellant
area of property preservation
asking price
better person
brother ansah-twum j.
conclusion of arguments
curious receipt
face of the affidavits
farm of the defendants
firm offer
first defendant company
first defendant-company
first defendant’s farm
following description
guiding principle
high court
last friday
legal possession
legal rights
main issue
member of this court
only issue of substance
payment of the goods
possession of the second defendant
receipt of that date
reference number of the documents
registration of business names act
second judge
specific performance of an oral agreement
sufficient evidence
valid title

APALOO C.J.: This appeal was extremely well argued by counsel on both sides. However, on the conclusion of arguments last Friday, each member of this court independently came to the same conclusion. Although the issues canvassed and the arguments presented to us strayed a little, it is clear to us that on this interlocutory appeal, the only issue of substance is whether on the pleadings and affidavits placed before the court, there is the need to preserve the motor grader in dispute in status quo so that irreparable damage may not be caused to the applicant-appellant. There is also the correlative issue: which of the parties would suffer the greater hardship if this application were refused?

In this area of property preservation pending suit, judicial pronouncements have not been wholly consistent. But in Vanderpuye v. Nartey [1977] 1 G.L.R. 428, C.A. this court took the trouble to lay down what it considered to be the guiding principle. Having done that, it felt obliged to differ fro…

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