VEHRAD TRANSPORT AND HAULAGE LTD vs. HIPPO LIMITD & DR. KOFI SARPONG

JUDGMENT YAW DARKO ASARE, JA This is an appeal by the Applicant/Appellant from the Ruling of the High Court, Kumasi dated the 20th of September 2022. By that decision, the trial court dismissed the Applicant/Appellant’s application for an order for delivery up and possession of the disputed warehouse, the subject matter of the proceedings. The application was brought under Order 45 Rule 12(3) of the High Court (Civil Procedure) Rules 2004, C.I. 47. FACTS The relevant facts are few and quite simple. On the 3rd December 20117, Plaintiff/Judgment Creditor in the original suit obtained final judgment by consent in the sum of USD$6million (Settlement Sum), against the Respondents herein, and upon terms which required the Respondents to liquidate the judgment debt by periodic instalments payments, subject to the usual default clause. The Respondents having breached the said terms of payment, the Plaintiff proceeded, with leave of the Court, to enter into execution and eventually ca.....