SOCRATES NII OKPOTI AYER vs. CUSTOMS EXCISE & PREVENTIVE SERVICE [2015]DLCA8421

Date	2015-10-22
Suit No.	CIVIL APPEAL NO.:H1/48/2013
Citation No.	[2015]DLCA8421

E. K. AYEBI J.A. (PRESIDING)

I. C. LARBI (MRS) J.A.

A. M. DOMAKYAAREH (MRS) J.A.

MRS MERCY LARBI FOR PLAINTIFF/APPELLANT.

WUMPINI SHAIBU FOR DEFENDANT/RESPONDENT

[2015]DLCA8421
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >SOCRATES NII OKPOTI AYER<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:150%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>CUSTOMS EXCISE &amp; PREVENTIVE SERVICE<o:p></o:p>(DEFENDANT/RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CIVIL APPEAL NO.:H1/48/2013&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;DATE: 22ND OCT, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MRS MERCY LARBI FOR PLAINTIFF/APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

WUMPINI
SHAIBU FOR DEFENDANT/RESPONDENT <o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

E. K. AYEBI J.A.&nbsp; (PRESIDING), I. C. LARBI (MRS) J.A., A. M.
DOMAKYAAREH (MRS) J.A.<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>A.M. DOMAKYAAREH
(MRS), J.A.<o:p></o:p><o:p>&nbsp;</o:p>1.&nbsp;&nbsp; In
this case, we consider an appeal against the judgment of the High Court,
Sunyani dated 30th March 2011. In the said judgment, the trial court
dismissed the plaintiff/appellant’s action and entered judgment in favour of
the defendant/respondent.<o:p></o:p><o:p>&nbsp;</o:p>2. THE FACTS OF THE CASE:<o:p></o:p>Per his Statement of Claim, the appellant
herein, then plaintiff in the trial court, stated that he purchased an IVECO
Articulated Head from one burger by name Bismark Asamoah who said he imported
the Articulated Head from Germany. The said Bismark Asamoah caused the Driver
and Vehicle Licencing Authority (DVLA) to register the Articulated Head which
came to bear the registration number AS 7952 W. The then plaintiff went on to
say that after diligently conducting a search at the DVLA office, he purchased
the said Articulated Head following which a change of ownership was effected from
the vendor’s name to his name on DVLA Form C in November 2005. The plaintiff
said he then caused expensive and extensive repairs to be made on the
Articulated Head and put same to commercial use. He averred that on 24th
November 2006, officers of the defendant/respondent Institution at Sunyani
seized the Articulated Truck and issued him with a Notice of Seizure on the
ground that Bismark Asamoah the vendor had not paid the customs duties on the
Articulator Head. The plaintiff said he handed over all the documents on the
Articulated Head to the officers of the defendant and upon verification they
confirmed that the appropriate customs duties on the vehicle had not been paid.
The plaintiff said he applied on 24th November 2006 for restoration
of the seized vehicle with an undertaking to pay the requisite customs duty and
penalty. The plaintiff further averred that upon several months of persistence
and upon the making of a repeat application on 10th October 2007, he
was issued with an Appraisal Report with an assessed value of GH¢7,922.00
inclusive of penalty. The plaintiff averred that he immediately went to the
Sunyani office of the defendant to pay only to be told that his truck had been
auctioned. The plaintiff therefore instituted action against the defendant
claiming various reliefs including an order of recovery of the IVECO
Articulated Head on the grounds that the manner in which the defendant disposed
of his vehicle was unconstitutional and a violation of his fundamental right to
his property.<o:p></o:p><o:p>&nbsp;</o:p>3.&nbsp;&nbsp; The
defendant’s case per the Statement of Defence was rather terse. However, the
totality of their case was that the said Articulated Head was lawfully arrested
on 20th November 2006 on suspicion that it was uncustomed and a
Detention Receipt was issued to cover the arrest. The defendant said when the
Customs Declaration Form in respect of the Articulated Head was verified at the
Data Center at the Port of Entry, </main>