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BANK FOR HOUSING AND CONSTRUCTION V. BOAHEN

(1994) JELR 69465 (CA)

Court of Appeal  •  2 Jun 1994  •  Ghana

Coram
LAMPTEY JA, ESSIEM JA, BROBBEY JA

Judgement

LAMPTEY JA.

In July 1988, Adu Boahen (hereinafter called the plaintiff) sued the Bank for Housing and Construction (hereinafter called the “defendant”) and claimed the following reliefs as per his amended writ of summons:

“(1) ¢25,000,000 damages for the wrongful detention of the plaintiff’s vehicle No ARA 1359 whereof ¢21 million represents special damages and the balance, general damages.

(2) An injunction to restrain the defendant or its agents or servants from selling, disposing of or in any way dealing with the said vehicle without the consent of the plaintiff.

(3) An order for the delivery by the defendant to the plaintiff of the said vehicle.”

The writ of summons was not accompanied by a statement of claim; one was filed some six days later. The cause of action was founded on the seizure by the defendant of the said vehicle sometime in July 1983. The defendant omitted to file its statement of defence on time. In due course and with leave of the court the defendant filed its statemen…

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