EASTERN ALLOYS COMPANY LTD v. NATIONAL INVESTMENT BANK

JUDGMENT

HENRY KWOFIE J.A.

On the 21st of December 2016, the High Court, Accra found the defendant/Respondent liable for the wrongful closure of the plaintiff’s factory premises but refused to award the plaintiff any damages. Dissatisfied with the decision of the High Court, the plaintiff mounted this appeal by a Notice of

Appeal dated 21st March 2017 which is at pages 404A – 404B of the Record of Appeal. The grounds of appeal set out in the Notice of appeal were:

a. That the judgment is against the weight of evidence.

b. Further grounds will be filed when the plaintiff receives a copy of the judgement.

On the 24th of October 2017, this Court granted the appellant leave to amend its Notice of appeal. The amended notice of appeal was filed by the appellant on 30th October 2017. By the amended notice of appeal, the defendant added an additional ground of appeal that is:

c. The learned trial judge erred in failing to award the plaintiff damages notwithstanding the finding that the closure of plaintiff’s factory by the deputy sheriff under the direction of defendant for 3 years was wrongful and unlawful thereby occasioning a substantial miscarriage of justice.

The judgement appealed against is at pages 382 to 404 of the Record of Appeal Vol 1. The relief sought from the Court of Appeal is the reversal of the judgment and all consequential orders and judgment to be entered in favour of the plaintiff.

Before dealing with the arguments advanced in support and against this appeal, I will give a background of the case.

By an amended Writ of Summons filed on 22nd of June 2015 plaintiff claimed against the defendant the following reliefs:

1. GH¢4,386,000 being damages suffered by the plaintiff as a result of the closure of plaintiff’s factory by the defendant.

2. Interest on the said sum from 6th September 2006 to date of final payment.

3. Removal of the assets seized in execution from the plaintiff’s premises.

4. Damages of GH¢733,630.00 being the value of equipment and accessories stolen from the factory premises during the period of wrongful attachment.

5. Damages of GH¢18,925,200 being total rent claim for the 40 months period of wrongful attachment.

6. Costs.

In a 20 paragraph amended statement of claim which accompanied the amended writ of summons, the plaintiff/appellant hereinafter referred to as the plaintiff averred that it is a Company registered under the laws of Ghana and was at all material times carrying on the business of manufa