February 24, 2022
COURT OF APPEAL
GHANA
CORAM
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.
DOMAKYAAREH (MRS.), JA:
[1] This is an interlocutory appeal against the Ruling of the Circuit Court, Kumasi (KMA) dated 30th October, 2020. For ease of reference, the Defendants/Appellants will be called the Appellants whilst the Plaintiffs/ Respondents will be called the Respondents.
BRIEF FACTS OF THE CASE:
[2] On 28th September, 2020, the 1st Appellant’s Tipper Truck with Registration Number AS 9118 – 18 then being driven by the 2nd Appellant and the Respondents’ KIA PREGIO Minibus with Registration Number AS 2947 – 20 got involved in a Motor accident. The accident was reported to the Police at the Suame Police Station. The Police commenced investigations into the said accident and caused the two vehicles to be brought to the Suame Police Station. Eight days later, on the 6th of October, 2020, while the said motor accident was still under Police investigation, the Respondents issued a Writ of Summons against the Appellants and claimed the following reliefs: -
RELIEFS:
(i) An order of the court compelling the Defendants to replace the Plaintiff’s KIA PREGIO with Registration Number AS 2947 – 20
(ii) Special and General damages against the Defendants for the loss of income as well as inconvenience as a result of the accident that occurred on the 28th day of September, 2020.
(iii) An order for the Defendants to pay for the legal cost incurred by the Plaintiffs.
[3] On the same day, the Respondents filed a Motion on Notice for Preservation of the Tipper Truck with Registration Number AS 9118 – 18. The Respondents deposed among others in their Affidavit in Support of the Motion that Preliminary Police Investigation has revealed that the documentation of the Tipper truck as well as the Driver’s Licence used by the 2nd Appellant was “questionable”; that the Appellants, who were being prosecuted by the Police are planning to take away their truck from the Police Station to an unknown destination; and that they were advised and verily believed same to be true that the said truck was the only security for the replacement of the Respondents’ Bus.
[4] In a Supplementary Affidavit in Support filed on 23/10/2020 the Respondents exhibited the Driver’s Licence of the 2nd Respondent to show that he was not eligible to drive the Tipper Truck at the time of the accident; the Insurance Certificate relating to the Tipper Truck; the Vehicle Registration Certificate of the Tipper Truck and the Road Worthiness Certificate of the Tipper Truck to demonstrate tha