FRANK TAWIAH (PLAINTIFF/APPELLANT) vs. BIEGE CAPITAL (DEFENDANT/RESPONDENT)

MARGARET WELBOURNE (MRS.) JA. BRIEF FACTS: This appeal is mounted against the judgment of the High Court Commercial Division) dated 27/5/2015 The facts of this case according to the Plaintiff are that, the Plaintiff took a loan facility of GH₵10,000.00 from the Defendant and he was to repay same within a period of Six (6) months. The facility was secured with the Plaintiff’s Toyota Hiace (Commercial Vehicle) numbered AE 1938-12. The Plaintiff managed to pay GH₵1,200.00 and as a result of an accident, one of his vehicles got burnt and so he defaulted in repayment of the loan as scheduled. Even though the Plaintiff used his Commercial Vehicle numbered AE 1938-12 as security for the loan the Defendant forcefully and without a Judgment or Court Order took away the Plaintiff’s vehicle with registration number AE 1879 -12 on November 1st 2013 and same has been with the Defendant till date. According to the Plaintiff, the said vehicle which was for Commercial use, was making daily s...