ROM ENGINEERING LTD vs. NATIONAL INVESTMENT BANK AND WESTEC SECURITY [2014]DLSC5101

Date	2014-07-16
Suit No.	CIVIL APPEAL NO.J4/29/2014
Citation No.	[2014]DLSC5101

ANSAH J.S.C. (PRESIDING)

OWUSU (MS) J.S.C.

DOTSE J.S.C.

GBADEGBE J.S.C.

AKAMBA J.S.C.

BRIGHT AGYEKUM ESQ. FOR THE 1ST DEFENDANT/APPELLANT RESPONDENT/APPELLANT.

RICHARD NUMBO SAAKA ESQ. FOR THE 2ND DEFENDANT /APPELLANTS/RESPONDENT/APPELLANT.

RICHARD AMOFA ESQ. FOR THE PLAINTIFF /APPELLANTS/ RESPONDENT/RESPONDENT.

[2014]DLSC5101
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													<main id="main" class="content" style="min-height: 60rem" ><span lang="EN-GB" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:
Calibri;mso-bidi-font-family:&quot;Times New Roman&quot;;color:#00B0F0">ROM ENGINEERING
LTD<o:p></o:p>(PLAINTIFF/APPELLANT/RESPONDENT /RESPONDENT)<o:p></o:p><span lang="EN-GB" style="font-size:12.0pt;line-height:115%;font-family:
&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Calibri;mso-bidi-font-family:
&quot;Times New Roman&quot;;color:#00B0F0">vs.<o:p></o:p>NATIONAL INVESTMENT BANK AND WESTEC SECURITY<o:p></o:p>(DEFENDANTS/RESPONDENTS/ APPELLANTS/APPELLANTS)<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL NO.J4/29/2014&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;16TH JULY 2014<o:p></o:p>

RICHARD
AMOFA ESQ. FOR THE PLAINTIFF /APPELLANTS/ RESPONDENT/RESPONDENT.<o:p></o:p>

</div>CORAM:<o:p></o:p>ANSAH J.S.C.
(PRESIDING), OWUSU (MS) J.S.C., DOTSE
J.S.C., GBADEGBE J.S.C.,
AKAMBA J.S.C. <o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoListParagraph" align="center" style="margin:0in;margin-bottom:.0001pt;
mso-add-space:auto;text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>GBADEGBE
JSC:&nbsp;&nbsp;&nbsp; <o:p></o:p>This is an appeal from the judgment of the Court of
Appeal that reversed in part the decision of the trial High Court in the matter
herein.&nbsp; The facts on which this action
has been contested in the various courts may be stated briefly as follows.&nbsp; The 1st defendant, a financial
institution engaged in the business of banking&nbsp;&nbsp;
on or about 2nd May 2008 obtained judgment against the
plaintiff in suit number AB/56/2008 and subsequently enforced the said judgment
by a writ of fifa directed at the
property of the plaintiff situate at Kpone near Tema. The evidence proffered by
the plaintiff is to the effect that its factory premises situate at Kpone was
subsequently sealed off by officials from the High Court, Accra and its workers
driven out of the premises. According to the plaintiff following the attachment,
the 1stdefendant engaged the services of the 2nd
defendant, a private security company to keep watch over the property.&nbsp; The evidence also&nbsp; reveals that on 27th October 2009,
PW1, the Managing Director of the plaintiff company received word from an
informant through the Chief security Officer of&nbsp;
the plaintiff company that some people were seen removing certain items
from the premises of the plaintiff company, which had earlier on been attached
by a writ of fifa.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff’s representative testified that
following the information he received from his head of security, he lodged a
complaint with the police and that subsequently two persons were arrested in
connection with the removal of the items from the factory premises.&nbsp; Unfortunately, so the evidence portrays, the
two who were arrested were employees of the 2nd defendant, a company
that was engaged to protect the factory premises by the 1st
defendant and indeed, from the testimony of the police officer who was
responsible for the investigations, one of them was actually engaged in
escorting the purchaser of the items that were asported from the premises while
the items were being taken away on a vehicle. It was further alleged that based
upon the investigations, there was a criminal case pending against the two
security personnel employed by the 2nd defendant.<o:p></o:p><o:p>&nbsp;</o:p>On these facts, the plaintiff company instructed
its solicitors to take out the writ of summons herein against the defendants
jointly and severally claiming:<o:p></o:p><o:p>&nbsp;</o:p><span lang="EN-GB" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;">(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
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