RAPHAEL CUBAGEE vs ATTORNEY GENERAL, THEOPHILUS APPOH, GHANA POLICE SERVICE AND EVAME MOTOR (GH. LTD.) JACOB AGONGO

The Plaintiff/Appellant purchased 40 tricycles from the 4th Defendant but was not supplied the goods. The 4th Defendant claimed police impoundment due to a dispute involving business partners. The Plaintiff sought recovery of the tricycles or refund, plus additional sums paid as prosecution fees. The 1st, 2nd, and 3rd Defendants were dismissed from the suit. Judgment was entered against the 4th Defendant by default. The Plaintiff executed a writ attaching 441 motorbikes held by police. Jacob Agongo intervened claiming ownership of the seized goods, alleging a business dispute and denying dealings with the Plaintiff. The High Court ordered the Claimant to issue a writ against the Plaintiff after filing an Affidavit of Interest which was challenged for being uncommissioned.

WELBOURNE, JA This instant action is an appeal against the ruling or decision of the High Court Sunyani, delivered on the 5th day of November, 2018. By the said ruling, the learned trial Judge stated as follows:- “In view of the fact that the affidavit ought to have been commissioned by the Registrar and which was not done, I will take it that it was a mistake from the Registry especially taking into account that the Registrar subsequently commissioned Plaintiff’s copy. In the circumstance I will accept the affidavit and hold that it is hereby regularized. I do so taking into account that no useful purposes will be served if it is struck out only for the Claimant to come back, which will only work to further delay the hearing of the matter. The order for the Claimant to file the Writ stands.” Aggrieved by this ruling the Plaintiff has appealed to this Honourable Court on the grounds set out below: GROUNDS OF APPEAL i. That the Claimant and his lawyer, Charles Bawaduah Esq...