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March 15, 1963
HIGH COURT
GHANA
CORAM
JUDGMENT OF PREMPEH J.
In this action the plaintiffs' claim against the defendants is for the return to them of five documents of title to land situate along the East Ring Road, Accra, or their value of £G45,000 and for £G25,000 damages for their wrongful detention by the defendants. The particulars of the said title deeds are as set out in the writ of summons.
By their statement of claim the plaintiffs aver that they are the owners of five documents of title to land particularly specified in the writ of summons, that they are entitled to possession of the said documents of title, and that they have erected on the said land seven buildings to the total value of £G45,000. They plead that on or about the 10th or 11th May, 1962, the second plaintiffs deposited the said title deeds with the defendants who are partners in a firm of solicitorsfor investigation of the second plaintiffs' title to a portion of the said land.
They maintain that after the said investigation had long been completed, they made several requests to the defendants for the return of the said documents, but the defendants refused to deliver them up. They claim in those circumstances for the return of those documents wrongfully detained by the defendants and for damages for such wrongful detention.
By their statement of defence, the defendants admit that the plaintiffs had made several demands from them for the return of the said five title deeds and that they had refused to deliver them up to the plaintiffs, but they deny that the plaintiffs had erected those seven buildings on the land at the cost as pleaded by them.
They admit that the second plaintiffs are the owners of the five documents of title claimed, but deny that the first plaintiffs are entitled to possession of the said documents of title and therefore submit that they have no right of action.
They aver that on the 11th May, 1963, one of the plaintiffs was present at the offices of Lynes and Cridland (a firm of solicitors) together with two of their (defendants') representatives and a representative of a company known as Kindor Export Company, who were their clients, when the said representative of Kindor Export Company deposited with them (the defendants) the said five documents of title with instructions that they should prepare a deed of mortgage in their favour. They claim that they had been forbidden by their clients, the said Kindor Export Company, to part with possession of the said documents and that therefore the
AI Generated Summary
Prempeh J. adjudicated a claim for wrongful detention of five land title deeds relating to property along East Ring Road, Accra. The plaintiffs deposited the deeds with the defendants, partners in a firm of solicitors, for investigation of title, but the defendants refused to return them, citing instructions from their client, Kindor Export Company, who allegedly deposited the deeds for a mortgage. At the hearing, the defendants submitted to judgment on the return of the documents, leaving only the assessment of damages. The court accepted evidence that deprivation of the deeds impeded credits with Ghana National Trading Corporation and derailed two sales of four buildings, causing substantial loss. Applying principles from The Mediana v. The Comet and The Greta Holme, the court held that loss of use warrants substantial general damages even without proof of special damage, rejected nominal damages arguments, confirmed the first plaintiffs’ joint ownership, and awarded £G2,000 general damages plus 500 guineas costs.