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JUDGMENT
JUDGMENT
The parties herein entered into a contract. Subsequently, there were some disagreements
between them. By an amended writ of summons filed on 05th November 2019, Plaintiff seeks
the following reliefs:
a. Recovery of an amount of Thirteen Thousand Two Hundred Ghana Cedis
(GH¢13200.00) being an amount owed Plaintiff by Defendant since November 2018
which Defendant has deliberately refused to pay.
b. Interest on the said amount.
c. General Damages.
d. Costs.
2e. Any other orders this court may deem fit.
Defendant counterclaimed as follows:
(1) An order for the recovery of monthly rents for the period the plaintiff has had
possession and control of the machine until he returns the machine to the defendant.
(2) Damages for breach of the contract of bailment.
(3) An order for the return of the machine to the defendant forthwith.
(4) Interest on any sums found due at the prevailing bank lending rate from the date of
institution of the instant suit until judgment.
On 08th June 2021, Plaintiff filed “MOTION ON NOTICE ON FOR AN ORDER GRANTING
THE DETENTION, CUSTODY AND PRESERVATION OF PAPALUPA MACHINE”. The
court (differently constituted)granted the application as before my predecessor. The court
ruled as follows:
“I have looked the motion as filed by the Applicant and the affidavit in opposition. I
have also read through the processes as filed by both parties. It is my ruling that the
Papalupa machine which was in the custody of the Plaintiff/Applicant when this case
commenced which the Defendant/Respondent went for without the consent of
Plaintiff/Applicant and without the order of the Court, which Papalupa machine is in
the custody of the Defendant/Respondent, same be brought to this court premises[for]
custody, detention and preservation until the final determination of this case in this
Court. Defendant/Respondent is hereby ordered to produce the said Papalupa
machine at the Court premises here on or before 8th October,2021.
Plaintiff/Applicant who has custody of the saw to this Papalupa machine, is hereby
ordered to produce the said saw to the Court premises for custody and preservation on
or before the 8th of October 2021. Both parties are to report the production of these
3machine and its parts to the Registrar of this Court on the day they so produce them in
this Court.”
On 06th September 2022, Defendant filed “MOTION ON NOTICE FOR THE RELEASE OF
IMPOUNDED PAPALUPA MACHINE TO DEFENDANT APPLICANT HEREIN”.
Upon