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J U D G M E N T
ADINYIRA, (MRS.), J.S.C: This is an appeal against the judgment of the Court of Appeal dated 1 June 2007, dismissing an appeal by the appellant against the assessment of damages made by a High Court, Accra, in a detinue action instituted by him against the respondent.
The facts underlying the appeal are quite simple. On 9 September 1998, the appellant sued the respondent a financial institution at the High Court, Accra, for:
Delivery up of Mitsubishi Saloon Car with registration number GR 9185 unlawfully caused by the defendants to be seized by the Sheriff or the value of the said car and damages for its detention.
Delivery up of one refrigerator unlawfully caused by the defendants to be seized by the Sheriff on execution or the value of the said car and damages for its detention.
The appellant in paragraph 4 of his statement of claim averred that he demanded the return of his seized properties but the respondent refused; as a result he had suffered loss and damages, which he particularized as:
Loss of use of the said car at ¢250,000.00 per day from 8 September 1997 and continuing.
Cost of putting the vehicle in good condition and roadworthy condition.
Loss of use of the said refrigerator at ¢50,000.00 per day from 8 September 1997 and continuing.
Costs of repair.
The defendant filed a statement of defence and a counterclaim. Judgment was entered for the plaintiff on his claim and yet he appealed to the Court of Appeal on the grounds that:
“1. The amount of damages and or loss of use assessed by the court is against the weight of evidence.
The court below allowed deductions to be made from the amount recoverable by the appellant, which were not supported by anything on the record”.
The relief sought by the appellant at the Court of Appeal was that:
“The assessment by the trial court be set aside and a new assessment made based on the evidence on record and that the deductions directed to be made from the final figure be disregarded”.
At the Court of Appeal, Counsel for the appellant filed a statement of case in support of the grounds of appeal stated above. However Counsel for the respondent in his written answer did not deal with the merits of the appeal as put forward in the appellant’s statement of case, but rather raised what he termed a “number of procedural lapses and errors in the conduct of the trial which, it is respectfully submitted, go to the root of the validity of the judgment”.
The first procedural lapse or er