EBENEZER DARKWA and ANOR v. ADONTEN COMMUNITY RURAL BANK

AGYEMANG, J.A.:

In this appeal against the ruling of the High Court, Koforidua, delivered on the 6th day of May 2019, the plaintiffs/appellants (hereafter referred to alternately as the plaintiffs, or the appellants), seek the setting aside of the ruling.

They also pray for an order referring the matter for trial at the High Court differently constituted.

These are the matters giving rise to the instant appeal.

The plaintiffs sued out a writ of summons against the defendant for the following reliefs: special damages for:

i. Loss of anticipated revenue from the fuel station on fuel sales between the 23rd day of January 2015 to 18th of March 2015: GHC 1, 093, 917;

ii.Loss of rent from January 2015 to July 2015: GHC 5,600;

iii.Loss of use of Tundra pickup from January 2015 to July 2015;

iv. Interest in the special damages from 23rd day of January 2015 to the date of final payment.

v. General (substantial) damages for unlawful attachment and seizure of plaintiffs properties;

vi. Punitive exemplary and aggravated damages

vii. Costs… In the accompanying statement of claim, the plaintiffs averred that in a suit between the defendant herein and two others: Adonten Community Bank v. Ernest Adu-Appiah and Anor Suit No.C2/21/2015, the defendant herein who was plaintiff in that suit, obtained judgment against the two defendants therein.

It was further averred that following the said judgment, the defendant herein who was the plaintiff judgment creditor in that suit, went into execution against the judgment debtors by attaching the following properties belonging to the plaintiffs herein: Engen Fuel Station fitted with pumps at Old Tafo along the Koforidua to Kumasi Road, House No TH 29 C Old Tafo on the Koforidua-Kumasi road, Toyota Tacoma vehicle with Registration No.GH 7635 Y. The last item it was pleaded, was not even listed on the writ of fi.fa.

but was nevertheless attached in execution.

Aggrieved by the action of the execution creditor, the plaintiffs caused a Notice of Claim to be filed at the court.

The application which was brought pursuant to Order 44 R 13 of CI 47, resulted in the hearing of arguments by the court.

After the hearing of arguments, the court, on 11th of March 2015, released the Engen Filling Station from attachment, and on 13th July 2015, released the other attached properties of the plaintiffs from attachment.

The plaintiffs pleaded further that by reason of the wrongful execution on their properties, they lost income from no