IBRAHIM MUHAMMAD MOUCKHTARI vs. KWABENA BOATENG, SANKARA SAIDOU AND MR. KIENDREBEOGO BASSIBIRI ADRIEN

The plaintiff issued a writ of summons and statement of claim against the defendants seeking recovery of GHC250,000 for damage to a KIA Rhino Truck, commercial earnings of GHC10,000 per week from May 2017, general damages, and other orders. A default judgment was entered against the defendants but later set aside upon their application. The court also set aside subsequent processes including execution attaching the defendants' articulator trucks. Several applications followed regarding preservation and release of the trucks, with the court granting an ex parte motion for release. The plaintiff/applicant sought a stay of execution of the release pending appeal, citing exceptional circumstances including difficulty locating defendants who are foreign nationals and risk of appeal being rendered nugatory.

On 15th January, 2018, the Plaintiff issued a Writ of Summons and Statement of Claim against the Defendants jointly and severally per the following reliefs: 1. An order for the Recovery of Two Hundred and Fifty Thousand Ghana Cedis (GHC250,000.00) being cost of the KIA Rhino Truck heavily and severely damaged and to be replaced at the time. 2. An order for the Recovery of Commercial Earning/Income of Ten Thousand Ghana Cedis (GHC10,000.00) per week from May, 2017 till final determination of the matter and settlement of the case. 3. An order for General damages and or Committal for Contempt against the 1st Defendant. 4. Any other Order(s) the Honorable Court may deem fit, necessary and expedient in the circumstance. On 19th March, 2018, a default judgment was entered against the Defendants. On 21st August, 2019 upon an application filed by the Defendants/Respondents herein, the default judgment was set aside. The court also set aside the subsequent processes flowing from the defaul...