judy.legal
Login Register
📄 PDF

NICOL V. CUSTOMS EXCISE AND PREVENTIVE SERVICE

(1992) JELR 66149 (HC)

High Court  •  31 Jan 1992  •  Ghana

Coram
LUTTERODT J.

Appearances
JAMES AHENKORAH FOR THE PLAINTIFF; EBOW PAITOO FOR THE DEFENDANTS.

Judgement
<p><strong>LUTTERODT J.</strong></p><p> In this action, which is founded on detinue, the plaintiff claims general damages for loss of use as well as exemplary damages for the tort, i.e. the detention itself. Unfortunately, the plaintiff could not give the exact date on which the unlawful seizure took place. She put it around the middle of August 1989. The defendants, a well-known and very powerful governmental organisation, did not at the trial lead evidence on the date the actual seizure took place, a fact which is peculiarly within their knowledge and which could or ought to be easily ascertainable from their official records. Counsel for the plaintiff has suggested we reckon 11 August 1989 as the actual date on which the event took place. I however prefer 15 August 1989 in view of the plaintiff ‘s confession that it happened around the middle of that month.</p><p>The plaintiff has also testified that during that period, she was deprived of the use of her vehicle, which the evidence would suggest was a multi-purpose…</p>

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login