PETER ANKOMAH v. CITY INVESTMENT COMPANY

The Ghana Supreme Court, per Dotse JSC, considered an appeal arising from a High Court case in which the plaintiff sought delivery up or value of a Mitsubishi saloon car (GR 9185 G) and a refrigerator seized by the Deputy Sheriff during execution of a judgment against the plaintiffs wife, plus damages for detention and alleged loss of use. The High Court awarded replacement value and daily loss-of-use damages at reduced rates while excluding weekends and holidays and ordering taxation; the Court of Appeal dismissed the plaintiffs appeal, classifying the loss-of-use claim as special damages requiring strict proof and affirming nominal damages. In the Supreme Court, the Court explained detinue permits return/value and damages for detention and held that loss-of-use damages are generally recoverable only where the chattel suffers actual wrongful damage, which was not established. While dismissing the appeal, the Court modified the orders to include weekends and public holidays in the loss-of-use calculation and set aside the taxation order.