EBENEZER DARKWA & ORS v. ADONTENG COMMUNITY BANK LTD.
2022
SUPREME COURT
GHANA
CORAM
- PWAMANG JSC (PRESIDING)
- DORDZIE (MRS.) JSC
- TORKORNOO (MRS.) JSC
- HONYENUGA JSC
- KULENDI JSC
Areas of Law
- Civil Procedure
- Tort Law
- Evidence Law
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Writing for a unanimous panel, Honyenuga JSC dismissed an appeal from the Court of Appeal and affirmed the restoration to trial of a damages suit arising from wrongful execution. After obtaining summary judgment in the High Court, Koforidua, the judgment creditor attached an Engen petrol station at Old Tafo on the Koforidua–Kumasi road and a Toyota Tacoma (GH 7635‑Y). Following a Notice of Claim under Order 44 of C.I. 47, counsel for the judgment creditor admitted wrongful execution and the High Court released the properties in January and July 2015. The respondents then sued for special, general, punitive damages, and costs. The trial judge dismissed the suit as barred by estoppel and the Henderson v Henderson rule; the Court of Appeal reversed, holding damages were not res judicata and the suit was not piecemeal. The Supreme Court held interpleader rulings are interlocutory and do not finally determine damages, that estoppel and Henderson did not apply, and ordered trial in the High Court differently constituted.
HONYENUGA JSC:-
This appeal is essentially against the judgment of the Court of Appeal which was delivered on the 26th January, 2020. The Court of Appeal allowed the appeal and set aside the Judgment of the High Court. In this appeal, the Plaintiffs/Appellants/Respondents would be referred to as the first and second Respondents and the Defendant/Respondent/Appellant as the Appellant.
The background of this appeal is not complex. On the 7th October 2014, the appellant issued out a writ of summons against the 1st respondent and two others at the High Court, Koforidua claiming from them jointly and severally the recovery of an amount of GH¢128,167.04 and interest on the said amount from the 1st August, 2014 to the date of judgment. Summary judgment was applied for and entered in favour, of the appellant herein. With judgment entered in their favour the appellant attached the Engen Petrol Filling Station fitted with pumps at Old Tafo along the Koforidua - Kumasi road, Toyota Tacoma vehicle with Registration Number GH 7635-Y and another item which was not listed on the writ of fifa but was nevertheless attached in execution. Dissatisfied with the action of the appellant, the respondents herein causeda Notice of Claim to be filed at the court pursuant to Order 44 rule 13 of C.I. 47 which resulted into hearing of arguments in the court. Upon hearing arguments, the court, on the 11thMarch 2015, released the Engen Filling Station from attachment and on the 13th July 2015, released the other attached properties of the respondents from attachment.
Feeling that the attachment was wrongful, the respondents caused a writ of summons to be issued out accompanied by a statement of claim against the appellant claiming:-
“a. Special damages;
i.Loss of anticipated revenue from the fuel station on fuel sales between 23rd day of January 2015 to 18th day of March, 2015 =GH¢1,093,917.00
ii.Loss of rent from January, 2015 to July 2015
= GH¢5,600.00
iii.Loss of use of Tundra pick-up vehicle from January 2015 to July 2015 = GH¢86,000.00
iv.Interest in the special damages from 23rd day 2015 till date of final payment.
b. General (substantial) damages for unlawful attachment and seizure of plaintiff’s properties.
c. Punitive, exemplary and aggravated damages.
d. Cost inclusive of legal fees of 15% of the total sum claimed.”
The respondents filed their statement of claim while the appellant filed an appearance and a statement of defence denying the claim. The appellant pl