JF-K COMPANY LIMITED, JEFFREY KWARTENG AND AFUA NIAKO (PLAINTIFFS/APPELLANTS) V. UNIVERSAL MERCHANT BANK LIMITED, THE SHERIFF OF , CONTACT MART LIMITED AND VANS MART LIMITED

JUDGMENT

AVRIL LOVELACE-JOHNSON (JA)

The Plaintiff/Appellant by their amended writ made a claim for ;

a) SPECIAL DAMAGES

i) Loss of daily income of GH₵1,200 each of the six Volvo Trucks from the date of seizure till date of final release,

ii) Wages of drivers and their assistants

iii) Cost of servicing and reactivating of the Volvo Trucks

b) General damages of unlawful execution

c) Exemplary and punitive damages

d) An order setting aside the attachment and execution as being irregular and contrary to the Mortgages Act and for want of jurisdiction .

e) An order restraining the defendants herein, their agents, servants, workers or any person(s) authorized by them from proceeding with the execution of the Mortgaged property pending the final determination of the suit.

f) Cost.

This claim was denied by the Defendant Respondents per their statement of defence and the following issues set down for determination;

a) Whether or not the attachment of the mortgage property through Fifa is irregular, unlawf…