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BIG BOYS COMPANY LTD. V. ACCESS BANK (GH) PLC

(2020) JELR 107043 (CA)

Court of Appeal  •  H1/164/2020  •  26 Nov 2020  •  Ghana

Coram
B. ACKAH-YENSU, JA (PRESIDING). AMMA GAISIE, JA. OBENG-MANU JNR., JA

Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>B. ACKAH-YENSU, JA</strong></p><p>INTRODUCTION</p><p>I have had the benefit of reading the opinion of my learned brother, Obeng-Manu Jnr., JA. I am in agreement with his conclusion but I have a few thoughts which I want to add to the said opinion, particularly in respect of the award of special damages by the trial court.</p><p>BACKGROUND FACTS</p><p>Plaintiff/Respondent asserted that it had hired its 450 ton Crane to Messrs Rockshell International Limited under a contract for a period of 23 months at the rate of $25,000.00 per day. While the Crane was under the custody of Rockshell Int. Ltd., it was attached by the Deputy Sheriff at the instance of Plaintiff/Respondent for the reason that Rockshell Int. Ltd. had defaulted in the payment of a loan granted by the Bank to Rockshell Int. Ltd. Defendant/Appellant consequently obtained judgment against Rockshell Int. Ltd. Defendant/Appellant filed a Notice of Claim and an Affidavit of Interest in respect of the Crane, and the Crane was consequently released from attac…</p>

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