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KWETEY V. BOTCHWAY AND ANOTHER

(1979) JELR 65542 (HC)

High Court  •  25 Oct 1979  •  Ghana

Coram
CECILIA KORANTENG-ADDOW J.

Appearances
OPPONG FOR THE PLAINTIFF; KUDJAWU FOR THE FIRST DEFENDANT.,DR. A. K. FIADJOE FOR THE SECOND DEFENDANT-COUNTERCLAIMANT.

Judgement

CECILIA KORANTENG-ADDOW J.

This is a counterclaim filed at the instance of the second defendant, Cecilia Kwetey. She claims as follows:

“(i) A declaration of title to fishing boat No. T.F. 298.

(ii) An order for the recovery of possession of the said boat.

(iii) An order for perpetual injunction against the plaintiff and the first defendants, their servants or agents from interfering with the said boat in a manner inconsistent with the plaintiff’s title.

(iv) An order for specific performance and/or damages for breach of contract of sale against the first defendants.

(v) Damages for the wrongful detention of the said boat against the first defendants.

(vi) Damages for loss of use of the said fishing boat.”

Some salient points in the facts of this case are buried in the records of the first defendants, the Agricultural Development Bank, and in the secret corners of the minds of the officials of the bank. Some documents which would have shed light on the case were not tendered, and top officia…

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