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DOUGLAS ANNOR & ANOTHER v. ERIC YAW ADOM & ANOTHER

2022

COURT OF APPEAL

GHANA

CORAM

  • ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING)
  • ALEX B. POKU-ACHEAMPONG, J A
  • SAMUEL K. A. ASIEDU, J A

Areas of Law

  • Civil Procedure
  • Constitutional Law
  • Tort Law

AI Generated Summary

This interlocutory appeal arose from a motor accident on 28 September 2020 between a tipper truck (AS 9118–18) owned by the first appellant and driven by the second appellant, and a KIA Pregio minibus (AS 2947–20) owned by the respondents, both impounded at Suame Police Station. While police investigations continued, the respondents sued seeking replacement of their bus, damages, and costs, and moved for preservation of the tipper truck; the Circuit Court ordered detention of the truck pending final determination, with expedited trial. On appeal, appellants argued the order was based on unproved allegations and risked deterioration, but cited no authority. The Court of Appeal set out the discretionary framework under Order 25 and authorities limiting appellate interference, noted inadequate evidentiary basis and Article 296 concerns, but dismissed the appeal as incompetent for failure to obtain leave under section 11(5) of the Courts Act. The respondents’ late submission was struck out; two panel judges concurred.

JUDGMENT