SOCRATES NII OKPOTI AYER
V.
CUSTOMS EXCISE & PREVENTIVE SERVICE

(2016) JELR 69619 (CA)    
Court of Appeal  ·  CIVIL MOTION NO.:H3/53/16 ·  23 Feb 2016 ·  Ghana
CORAM
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS) J.A.
Core Terms Beta
high court
appeal court
consequential orders
award of damages
successful appellant
loss of use of the vehicle
high court judgment
instant case
reasonable time
judgment of the court of appeal
supreme court
number of days of operation
economic forces
exemplary damages
e. k. ayebi ja
registration number
only interest
appeal
damages
return of the vehicle
order of review of its judgment
award of interest
virtue of the third party rights
ltd v. nelson
respondent
record of appeal
date of final judgment
a. m. domakyaareh
interest
vehicle
plaintiff
rest period
applicant
fundamental human rights
economic repair
civil procedure
reasonable period
civil cause
judgment
arrangement of the parties
case basis
prevailing bank rate
vehicles of the respondent
sharp falls
financial markets
recovery of iveco
loss of use
operation of market forces

A. M. DOMAKYAAREH (MRS), J.A

CONSEQUENTIAL ORDERS

On 30th March 2011 the High Court, Sunyani, delivered judgment in favour of the defendant in the instant case. Following an appeal by the plaintiff, the Appeal Court, Kumasi on 22nd October 2015, reversed the High Court judgment.

The Court did not however make any consequential orders which made it difficult for the successful appellant to execute and enforce the judgment of the Court of Appeal.

On the 5th of November 2015, counsel for the plaintiff/appellant/applicant (hereinafter called the Applicant) filed a Motion on Notice praying the Court for an order of review of its judgment of 22 – 10 – 2015 to make provision for the consequential orders.

The Motion was moved on 25 – 01 – 2016 and the court adjourned the case to 23rd February, 2016 for its Ruling on the application.

Counsel for the defendant/respondent/respondent (hereinafter called the Respondent) opposed the Motion through his affidavit in opposition filed on18th December, 2015. …

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