AGRICULTURAL DEVELOPMENT BANK V. SEIDU

AMPIAH JSC.

This is an appeal from the decision of the High Court, Tamale. On 8 May 1986 the plaintiff took action against the defendant claiming:

“(a) Declaration of title to Massey-Ferguson tractor with registration number ARA 8546 together with its plough, trailer and harrow.

(b) Recovery of possession of the said tractor, plough, harrow and trailer.

(c) A declaration that the seizure of the said tractor, plough, harrow and trailer by the defendants on 20 January 1986 is wrongful.

(d) General and special damages for detinue.

(e) An order of perpetual injunction restraining the defendants either by their assigns, agents and or servants or whomsoever otherwise from interfering with the ownership and possession of plaintiff’s tractor No ARA 8546.”

The defendant resisted the claim. On 16 September 1988 judgment was given for the plaintiff. He was awarded a total of ¢2,175,000 damages, inclusive of costs. Against this decision the defendant has appealed.

The defendant (hereinafter referred to …