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ROM ENGINEERING LTD V. NATIONAL INVESTMENT BANK AND WESTEC SECURITY

(2014) JELR 68134 (SC)

Supreme Court  •  CIVIL APPEAL NO.J4/29/2014  •  16 Jul 2014  •  Ghana

Coram
ANSAH J.S.C. (PRESIDING), OWUSU (MS) J.S.C., DOTSE J.S.C., GBADEGBE J.S.C., AKAMBA J.S.C.

Judgement

JUDGMENT

GBADEGBE JSC

This is an appeal from the judgment of the Court of Appeal that reversed in part the decision of the trial High Court in the matter herein. The facts on which this action has been contested in the various courts may be stated briefly as follows. The 1st defendant, a financial institution engaged in the business of banking on or about 2nd May 2008 obtained judgment against the plaintiff in suit number AB/56/2008 and subsequently enforced the said judgment by a writ of fifa directed at the property of the plaintiff situate at Kpone near Tema. The evidence proffered by the plaintiff is to the effect that its factory premises situate at Kpone was subsequently sealed off by officials from the High Court, Accra and its workers driven out of the premises. According to the plaintiff following the attachment, the 1st defendant engaged the services of the 2nd defendant, a private security company to keep watch over the property. The evidence also reveals that on 27th October…

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