ISAAC KWARTENG v. HARUNA FEISEL IDDRIS, GEORGE ADDAI BOATENG AND BERNARD DAMOAH

RULING

By a Writ of Summons and Statement of Claim filed on 9th December, 2022,

Plaintiff claims against Defendants jointly and severally the following reliefs:

a. ‚An order of the court directed at the defendant to release the car

documents which they sold to plaintiff somewhere in June, 2021.

b. A further order of the court to retrain [sic] the defendants from

harassing and threatening his life.

c. General damages for breach of contract.

d. Substantial cost.‛

It is the case of Plaintiff that he entered into an agreement with the 1st

Defendant for the purchase of three shops at the cost of One Hundred and

Fifty Thousand Ghana Cedis (GHȼ150,000.00) and made part payment of

Ninety Thousand Ghana Cedis (GHȼ90,000.00). According to him, he

demanded for the documents of the shop and requested to meet the shop

owner before he paid the balance due, but 1st Defendant refused to do so and

he found out that 1st Defendant had defrauded him. Plaintiff says that he

made a report at the Kotoku Police Station where the matter was referred to

the Police Headquarters. According to Plaintiff, at the Police Headquarters, 1st

Defendant admitted selling the said shops to Plaintiff and pleaded to

exchange his car for the said shops, so he sent the 2nd Defendant to bring his

car. Plaintiff says that the car was brought, and 1st Defendant promised to

provide the documents of the car within a week, but he failed to do so. He

says that he made an additional payment of Eighty-five Thousand Ghana

Cedis (GHȼ85,000.00) as the total cost of the car. Plaintiff says that 1st and 2nd

Defendants later brought the 3rd Defendant and introduced him as the owner

of the car with the 3rd Defendant lodging a complaint at the police station that

Plaintiff had stolen his vehicle.

1st and 2nd Defendants entered appearance through counsel on 7th February,

3rd Defendant entered appearance on 21st December, 2022 and filed a

Statement of Defence and Counterclaim on 11th January, 2023. On the same

date, 3rd Defendant filed an application for preservation of Honda CRV with

Chasis No. 2HKRW2H85KH669012. The said motion is the subject of the

instant Ruling. The 3rd Defendant deposed that in May, 2021, his mother sent

a Honda CRV to him from the USA to Ghana for him to sell. He attached as

Exhibits 1,2 and 3 photographs of the said vehicle. He added that he paid the

requisite duties and charges on the vehicle and cleared same from the port, he

attached as Exhibit 4 a pho