KWASI APPIAH V. UNITED BANK FOR AFRICA

RULING

GYIMAH, J.

Background 

This court differently constituted entered summary judgment in this case in favour of  the plaintiff on 31st May 2011 for the reliefs endorsed on the writ of summons which included recovery of possession of the plaintiff’s property from the defendant. The  court however set the reliefs for special and general damages for trial. Trial was duly  conducted and final judgment was delivered on 12th October 2011. The court found  as a fact that the plaintiff could not prove its entitlement to the award of special  damages but the court awarded general damages which the court indexed at the sum  equivalent to the prevailing monthly rent on the property from expiration of the tenancy on 28th November 2010 to 21st July 2011 inclusive of interest and cost. 

The plaintiff duly filed an entry of judgment and proceeded to go into execution by  instituting garnishee proceedings. The plaintiff obtained a garnishee order nisi  directed at the Bank of Ghana to show cause wh…