[1962]DLHC1559 • February 21, 1962 • High Court
MAJDOUB & CO. LTD. vs. W. BARTHOLOMEW & CO. LTD.
The defendants obtained a judgment against the dissolved partnership Fattal & Majdoub & Company and subsequently executed a writ of fi. fa. against the partnership's assets located at Plot No. 604 O.T.B., Kumasi. However, by the time of execution, the partnership had been dissolved and the plaintiffs, Majdoub & Co. Ltd., a newly formed limited liability company, were operating from the same premises with assets purchased from the dissolved partnership. The defendants, aware of the dissolution and new company, nonetheless instructed the bailiff to attach the plaintiffs' property, leading to wrongful seizure and closure of the plaintiffs' store for several days. The plaintiffs sued for wrongful attachment, claiming damages for loss of reputation and profits.
read moreJUDGMENT OF DJABANOR, J. In fact, in April, 1960, action had been taken in this court by the defendants against the firm Fattal & Majdoub & Company, claiming the sum of £G1,350. Judgment was entered in November, 1960, after the dissolution of Fattal & Majdoub, for this amount with costs. If either the defendants or the plaintiffs had accordingly substituted the plaintiffs for the firm of Fattal & Majdoub there would have been no trouble. But there was trouble, and it arose in this way. When judgment was entered for the defendants against the firm of Fattal & Majdoub the defendants applied for a writ of fi. fa. against that firm in execution of their judgment. According to the deputy sheriff the writ was endorsed for the attachment of: All and singular goods, counters and shelves in the store of the execution debtors, Messrs. Fattal & Majdoub in the premises situate and known as Plot No. 604 O.T.B. district of Kumasi.” It was dated the 3rd December, 1960 and signed by J. J. Peel...