Nana Kwadwo Adjie v. The Inspector General of Police and The Attorney General
November 3, 2016
HIGH COURT
GHANA
CORAM
- JUSTICE DANIEL MENSAH.
Areas of Law
- Evidence Law
- Contract Law
- Commercial Law
November 3, 2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Nana Adjei, a businessman dealing in real estate and vehicles, sued the Inspector General of Police and the Attorney General seeking immediate release of a Range Rover SUV and damages after Interpol Ghana seized the car. Adjei claimed he bought the vehicle, inspected at Tema Port, from Patrick Afriyie of Pathers Enterprise for USD 75,000, paid customs and port charges, and received shipping and German purchase documents plus two keys. Interpol Wiesbaden alerted Ghanaian authorities via GPS tracking and later indicated the German documents were fake, and that ownership had passed to R & V Versicherung, which sought repatriation. Applying the civil standard of proof, Justice Daniel Mensah found the defendants’ account more probable, discredited Exhibit C (misstating the manufacture year), and held the car had been stolen in Germany. The court rejected reliance on possession of keys and presumed customs regularity, found Adjei was not a bona fide purchaser without notice, refused all reliefs, dismissed the claim, and awarded costs to the defendants.
The Plaintiff’s claim against the defendants is for: a) An order of the Court compelling the police (Interpol Ghana) to immediately release the vehicle in issue to the plaintiff.
b) Damages for an unlawful seizure of the vehicle in dispute from the plaintiff.
c) Costs.
Per the claim put forward by the plaintiff as contained in his statement of claimfiled in this court on the 19th October, 2015, the plaintiff who in businessmenand deals in estate and cars avers that on the 16th September, 2015 hepurchased Range Rover (Suv) Vehicle with Chasis No. SALWA2KFXFA 526376from one Patrick Afriyie who does business in the name of Pathers Enterprise.
According to the plaintiff, he got to know the sale of the said vehicle throughhis friend Kofi Hene who bought one of the two Range rovers imported byPatrick Afriyie.
The plaintiff further stated that he inspected the vehicle at the Tema Portand expressed interest to purchase and negotiated with the seller andsettled on USD 75, 000. 00. The plaintiff avers that beside the payment of USD 75, 000. 00 being thepurchase price he was to pay for the custom duty covering the car and otherport charges which amount came up to GHC75, 844. 37. According to the plaintiff, after settling for the price of the vehicle he wasgiven the bill of laden, the purchase receipt of the car in Germany and titlecertificate on the car as well as original spare key.
The plaintiff avers further that upon the payment of the duty and othercharges at the Tema Port, he took delivery of the car which he sent to agarage in Dzorwulu, Accra.
It was whiles the car was being kept there thatthe owners of the garage informed the plaintiff that Interpol Ghana hadcome for the car under the pretext that same had been stolen in Germany.
According to the plaintiff he requested to know the source of the informationbut the police told him nothing had been received from Germany or Belgiumto enable them show to the plaintiff.
Plaintiff contends that before he paid for the duty on the car he had checkedfrom the Ghana customs Division of the Ghana Revenue Authority whether the vehicle had been imported genuinely into the country or not and itconfirmed same in the affirmative.
The plaintiff also stated that he had checked from Hapah Lloyd Shipping LineCompany Limited and the company had confirmed the genuineness of theimportation of the vehicle.
The plaintiff further contends that the action of Interpol Ghana is purelybased on conjecture and therefore constitutes