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YEBOAH V. KWAKYE

(1972) JELR 63771 (SC)

Supreme Court  •  21 Mar 1972  •  Ghana

Coram
BENTSI-ENCHILL J.S.C,JIAGGE JA,KINGSLEY-NYINAH J.A.

Judgement

BENTSI-ENCHILL J.S.C.

The appeal in this case was, at the hearing, confined to the issue of the quantum of damages awarded by Mrs. Owusu Addo, circuit court judge (as she then was), for the loss of use of a vehicle wrongfully seized by the appellant.

The vehicle thus seized had previously been owned by the appellant; but he had sold it to one Yaw Kuma who, after paying only part of the price, had then sold the vehicle to the respondent. On 25 November 1966 the appellant seized the vehicle on the pretext, found by the court below to be unwarranted that, the title had not yet passed from him to the respondent’s vendor.

The Kumasi police had earlier come to more or less the same conclusion when, following a complaint against the appellant by the respondent, they had investigated the matter. According to the police officer who was detailed to investigate the complaint and who gave evidence as the second witness for the appellant, the appellant had in consequence been told to look to Kuma for…

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