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DAVID DARKO v. ROLAND ATTA KESSON

November 18, 2010

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP, JUSTICE UUTER PAUL DERY

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

David Darko sued Roland Atta Kesson in the Ghana High Court seeking a declaration of ownership to a BMW X3, release of the vehicle, damages for loss of use, and costs. Darko testified that he imported the car in February 2007, cleared it, used it, and sought to sell it, but a test driver disappeared with the vehicle before police recovered it. While the car was under the care of his relative Emmanuel Mensah, police later seized it during a supervised test drive, and Kesson asserted ownership. Kesson claimed he purchased the car from Darko’s acquaintances, Eric Asamoah and Nii Okai, paying the cedi equivalent of agreed sums, but produced only photocopied receipts and no proof of their authority or original title documents. The court found no contract between Darko and Kesson, no authority for Asamoah and Okai, no title passing, and that Kesson was not a prudent bona fide purchaser. It declared Darko the owner, ordered release, awarded GH¢5,000 for loss of use, and GH¢2,000 costs.

JUDGMENT