[1982]DLHC2174 • January 27, 1982 • High Court
WILSON vs. OSEI AND ANOTHER
The plaintiff initiated a suit involving three vehicles, including vehicle No. GZA 8470, which was impounded by court order for preservation pending determination of the dispute. The codefendant, initially unaware of the suit, became aware when the vehicle in his possession was impounded. He applied to have the preservation order set aside as it affected his legal interest in the vehicle. The plaintiff's solicitor failed to appear at two scheduled hearings, leading the court to release the vehicle from preservation.
read moreJUDGMENT OF ANSAH-TWUM J. This is a motion for a review of the court’s order made on 26 October 1981 releasing the vehicle No. GZA 8470 impounded by an order of this court for preservation until the determination of the controversy between the parties herein. The order for preservation was obtained on an ex parte application at the time the co-defendant, apparently not being aware of the pendency of the suit, was not a party thereto. The co-defendant became aware of the pendency of this suit when the vehicle No. GZA 8470, one of the three vehicles being the subject-matter of this suit, which was in his possession, was impounded by the deputy sheriff in pursuance of the preservation order made on 7 October 1981. The co-defendant quickly moved the court on notice to the solicitor for the plaintiff to get the preservation order affecting vehicle No. GZA 8470 set aside. The motion was served on the plaintiff’s solicitor on 14 October 1981 but when it was fixed to be heard on 20 Octobe...