Try asking the following...
Try asking the following...
July 27, 2026
HIGH COURT, GENERAL JURISDICTION 2
GHANA
CORAM
[1] The Plaintiff per his amended writ of summons filed on 26th May 2021, is claiming against the Defendants for the following reliefs:
(a) A declaration that, the conduct of police officers from the Motor Traffic and Transport Department (MTTD) of the Tesano Divisional Command of the Ghana Police Service, by escorting Plaintiff's Hyundai Mighty Truck with Registration Number GT 1149-Z to the Tesano Police Station, ordering the driver to park the said vehicle and seizing the ignition keys to the said vehicle from the driver at the material moment for failing to pay moneys demanded from him was unlawful, and the said officers' subsequent refusal to release the ignition keys to the said vehicle to Plaintiff constitutes an infringement of Plaintiff's right to have access to and utilize his said vehicle.
(b) An order directed at Defendants to pay to Plaintiff forthwith the current open market value of a home-used, or a second-hand Hyundai Mighty Truck similar to, or any in the category of, the Hyundai Mighty Truck lost by Plaintiff as a result of the said unlawful conduct of the police officers of the Motor Traffic and Transport Department (MTTD) of the Tesano Divisional Command of the Ghana Police Service or payment of a replacement value of the Hyundai Mighty Truck with Registration Number GT 1149-Z auctioned by the Ghana Police Service and which auction deprived Plaintiff of the use of same.
(c) An order for recovery from Defendants by Plaintiff damages for loss of use of Plaintiff's Hyundai Mighty Truck with Registration Number GT 1149-Z at the rate of GHS500.00 per day, 6 days a week from 30/8/2018 when Plaintiff was deprived of use of same to 29/8/2019 when the Hyundai Mighty Truck with Registration Number GT 1149-Z was auctioned to Salifu Yakubu and costs on full recovery basis including lawyer's fees.
[2] The original Writ of Summons was filed on 16th October 2020. The Defendants entered appearance and later filed Amended Statement of Defence on 8th June 2021.
[3] At the close of pleadings, the following issues were set down for trial.
(a) Whether or not the arrest and detention of the Hyundai Mighty Truck No. GT-1149-Z was proper and justified.
(b) Whether or not the disposal of the vehicle by the Police was proper.
(c) Whether or not Plaintiff is entitled to his claims.
(d) Any other issue(s) arising from the pleadings
AI Generated Summary
The Plaintiff initiated legal proceedings against the Defendants for the unlawful seizure and subsequent auctioning of his Hyundai Mighty Truck (registration number GT 1149-Z). The vehicle was impounded by police officers from the Motor Traffic and Transport Department (MTTD) of the Tesano Divisional Command on suspicion of road traffic offenses, escorted to the Tesano Police Station, and detained. Without the Plaintiff's knowledge, the Accra Regional Police Command obtained an ex parte order from the District Court in Adjabeng, Accra, authorizing the auction of allegedly abandoned vehicles, which included the Plaintiff's truck. Following the order, the truck was sold to Salifu Yakubu. The Plaintiff brought this suit at the High Court, alleging the order was obtained by misrepresentation, and claimed declaratory reliefs and damages. The High Court dismissed the suit, ruling that the District Court's order authorizing the auction was presumed valid and subsisted because the Plaintiff had not legally sought to set it aside. As a result, the Plaintiff lacked a valid cause of action, and the court lacked the requisite jurisdiction to determine the merits.