REPUBLIC vs. CIRCUIT COURT, SEKONDI; EX PARTE ADOMTHAR TIMBER INDUSTRIES

JUDGMENT OF ESSILFIE-BONZIE J. This is an application by Adomthar Timber Industries Ltd. Takoradi (hereinafter referred to as the defendants) praying for an order of certiorari to quash the judgment of the Circuit Court, Sekondi dated 16 September 1988 for want of jurisdiction. The facts of the case, as can be gleaned from the affidavits filed, are that Afrangua Construction Works Ltd., Kumasi now the “interested” party, sued the defendants at the Circuit Court, Sekondi claiming the following reliefs: “(1) The plaintiffs’ claim against the defendants is for ¢1.5 million upon a National Investment Bank cheque No. 550268 dated 2 February 1988 drawn by the defendant. (2) An order compelling the defendants to surrender one D7E Caterpillar now in the possession of the defendants. (3) Mesne profits from 1 May 1988 to date of surrender of the said Caterpillar D7E at the rate of ¢55,000 per diem.” On 16 September 1988, the interested party (hereinafter referred to ...