REBECCA NSUGNE VAN DER POUW KRAAN vs THE INSPECTOR GENERAL OF POLICE & ANOR

On 11th July, 2018, the Applicant herein originated the instant action for the enforcement of her fundamental human rights.

The application which is anchored on Article 18 of the Constitution of the Republic of Ghana, 1992 is for the following reliefs:

a. A declaration against the Respondents that Applicant is owner of and or has immediate right to possession of Toyota Hilux Pick-Up vehicle registered as number GN 7087-14 with chassis number MROF22G1E0771419 having lawfully purchased and paid for same at a valuable consideration.

b. A declaration that the seizure of Applicant’s Hilux Pick-Up vehicle with registration number GN 7087-14 by the police coupled with the threats to perpetually deprive Applicant of the vehicle without due process is an infringement or is likely to infringe on Applicant‟s fundamental human rights to property ownership.

c. An order of perpetual injunction restraining the 1st Respondent‟s officers stationed at Sowutuom or by way of its officers wherever stationed, agents, assigns or persons whatsoever called from interfering with the quiet and peaceful enjoyment of the Toyota Hilux Pick-up vehicle.

d. An order for the return of the said Toyota Hilux Pick-Up vehicle with registration number GN 7087-14 now in the possession of the 1st Respondent‟s officers at the Sowutuom Police Station.

e. Damages of GH¢500. 00 per day against 1st Respondent for wrongful detention of the vehicle resulting in loss of use for the period between 6th June 2018 until final day of release.

BACKGROUND TO THE ACTION

The facts that have hurled the parties before this Court revolve round the seizure from the Applicant of a Black Toyota Hilux Pick-Up vehicle with chassis number MROF22G1E0771419 and registration number GN 7087-14 by officers of the 1st Respondent on 4th June 2018. According to the Applicant, this seizure is in violation of her fundamental human right to ownership of property as enshrined in Article 18 of the Constitution of the Republic of Ghana, 1992. It is for this reason that she has sought the assistance of this Court for the enforcement of the said right.

On the part of the Respondents, it is their case that they have at all material times acted under the permits of the law in carrying out the seizure, for which they are not liable for any wrongdoing.

THE CASE OF THE APPLICANT

A summation of the Applicant‟s case, per her affidavit in support of the application, is as follows: According to the Applicant, sometime in 2015, she saw