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April 16, 1959
HIGH COURT
GHANA
CORAM
JUDGMENT OF SMITH J.
(His lordship stated the facts, and proceeded:-)
So far as the actual execution is concerned, I do not think any liability can be attached to the judgment-creditor in view of the instructions given to the Sheriff, the issue of the writ of fi.fa. and the evidence given by the bailiffs who carried out the execution.
But the main point, in the circumstances of this case, is the question whether execution can be levied against agents in this country of a foreign principal. I have not been cited any authority on the matter. On consideration, however, I have come to the conclusion, on the facts of this particular case, that the execution of the writ of fi.fa. was proper.
The British West African Insurance Services, Limited, are virtually identified in this country with their principals, Greshams of London. Policies are issued, of course, in the name of the principals but the whole business is in the hands of the local agents. Full and wide powers are given under the Power of Attorney, to which I have already referred. To decide, in the circumstances that agents owning property in this country, with the rights and powers given them under the Power of Attorney, should be in the position merely to say to any judgment-creditor, "Collect the debt in London," [p.190] would in my view be wrong and unjust. I agree with the submission of Mr. Akufo-Addo in this case, and I accordingly dismiss the action.
It is unnecessary, in view of my decision, to deal with the question of damages. I will, however, say this. I accept the evidence led by the plaintiff as the effect of the sealing-up of the premises under writ of fi.fa. by court-officials. There would obviously be some loss of business during the four days in question, and damage to reputation and prestige. Among business firms in Accra there was (I accept) some talk about the matter. In particular there was the evidence of Mr. Adair, and the possible loss I cannot put it any higher than to the plaintiff of the marine insurance business, that the transfer of which from his firm to British West African Insurance Services, Limited, was being considered. As against any question of damage, however, there is no doubt that by their conduct the British West African Insurance Services, Limited, to a great extent brought all this trouble on themselves, and had my decision been the other way, the damages would have been nominal.
DECISION
Judgment for defendants.
AI Generated Summary
Smith J. resolved a dispute arising from the execution of a writ of fi.fa. that sealed the Accra premises of British West African Insurance Services, Limited for four days. The company, local agents for Greshams of London, challenged the judgment creditor’s conduct and the propriety of levying execution against agents of a foreign principal. Smith J. found no liability on the judgment creditor, noting proper instructions to the Sheriff and bailiffs’ execution. He determined that the local agents, who issued policies on behalf of Greshams and operated with wide powers under a Power of Attorney, were virtually identified with their principal in this country. It would be wrong and unjust to force creditors to “collect the debt in London.” The court dismissed the action; damages were unnecessary to decide and, had liability been found, would have been nominal.