[2016]DLHC11933 • November 16, 2016 • High Court
JF-K CO. LTD, JEFFREY WKARTENG, AFUA NIAKU vs. MERCHANT BANK (GH) LTD, THE SHERRIF OF COMM. COURT & 2 ORS
JUDGMENT By a writ filed on 6/9/13 the plaintiff sued the defendants jointly and severally claiming the following reliefs: a) SPECIAL DAMAGES i. Loss of daily income of GHC1,200.00 each on the six Volvo trucks from the date of seizure till date of final release. ii. Wages of drivers and their assistants. iii. Cost of servicing and reactivating of the six Volvo trucks. b) General damages for unlawful execution c) An order setting aside the attachment and execution as being irregular and contrary to the Mortgages Act and for want of jurisdiction. d) An order restraining the defendants, their agents’ servants’ workers or any person’s authourized by them from proceeding with the execution of the mortgage property pending the final determination of the suit. By the statement of claim attached to the writ, the 1st plaintiff a company incorporated under the laws of Ghana and carrying on haulage business and mining support services among others contracted a loan from the...