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YUNGDONG INDUSTRIES V. RORO SERVICES & 2 ORS

(2006) JELR 64785 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/12/2005  •  23 Feb 2006  •  Ghana

Coram
AKUFFO (MS) J.S.C. (PRESIDING),DR. TWUM J.S.C,DR. DATE-BAH J.S.C,OCRAN J.S.C,ANSAH J.S.C.

Judgement

DR. SETH TWUM, J.S.C

On 22nd April 1994, the Plaintiff issued a Writ of Summons in the High Court, Accra, against the Defendants.

The Writ was indorsed with the following reliefs:-

(i) An order that the Plaintiffs’ goods in the custody of the Defendant be released to the Plaintiff.
(ii) An injunction restraining the Defendant from releasing the goods to anyone save the plaintiff.
(iii) Damages for wrongful detention of Plaintiff’s goods.

On 9th May 1994 the Court granted an application by a company called “SEO-KWANG GHANA LTD” to be joined as Co-Defendant. After the joinder, and with leave of the Court the Plaintiff filed an amended Writ of Summons and amended Statement of Claim. The Co-Defendant’s name was put on the Writ and the Statement of Claim. In the amended Statement of Claim, the Plaintiff averred inter alias as follows:

“(3) The Plaintiff in the course of his business, orders and receives various goods for sale in Ghana from a number of Commercial Houses in Korea such as Ilseki Co…

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