ALEX ABOAGYE BOADI vs EXPRESS CAPITAL MICRO FINANCE [2017]DLHC16166

Date	2017-11-02
Suit No.	SUIT NO: GJ/462/2016
Citation No.	[2017]DLHC16166

HIS LORDSHIP JUSTICE KWEKU T. ACKAAH- BOAFO

MR. SAMUEL TOPRAH

MS. MANDY KWAWUKUME HOLDS

[2017]DLHC16166
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													<main id="main" class="content" style="min-height: 60rem" >ALEX ABOAGYE BOADI<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>EXPRESS CAPITAL MICRO
FINANCE<o:p></o:p>(CO DEFENDANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT NO: GJ/462/2016&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: &nbsp;2ND
NOVEMBER, 2017<o:p></o:p>

</div>COUNSEL: <o:p></o:p>MR. SAMUEL
TOPRAH FOR PLAINTIFF - PRESENT <o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

MS. MANDY
KWAWUKUME HOLDS KWEKU PAINTSIL’S BRIEF FOR THE DEFENDANT – PRESENT<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS LORDSHIP
JUSTICE KWEKU T. ACKAAH- BOAFO <o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="Default" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;Introduction: <o:p></o:p>[1] Per a writ of summons sealed in this registry on April
16, 2016 the Plaintiff claimed against the Defendant:- <o:p></o:p>a) Immediate Recovery/Return of the goods wrongfully seized
in the wrongful execution and detention and/or in the alternative, the cost
price of GH¢60,000.00. <o:p></o:p>b) Damages for wrongful detention of goods. <o:p></o:p>c) Special damages for loss of earnings/income for the sale
of the goods so wrongfully confiscated. <o:p></o:p>d) Interest on the said sum at the prevailing Bank Rate from
the aforementioned date till date of final payment <o:p></o:p>e) Costs. <o:p></o:p>The claim of the Plaintiff was met
with a statement of defence by the Defendant in which the Plaintiff’s claim was
vehemently denied. <o:p></o:p>&nbsp;The Parties Case <o:p></o:p>[2] The Plaintiff pleaded that sometime on or about 21st March,
2016, the Defendant without any apparent reason raided his store at Tudu and
made away with his stock of goods displayed in the shop for sale. The Plaintiff
says the stock numbered “910 pieces of Jeans Trousers and Shorts” then
displayed for sale. The Plaintiff says the Defendants claimed that they were
acting in execution of a Court Order in respect of a judgment they had obtained
against one Sarah Aboagye who had defaulted in the payment of a loan facility
granted to her by the Defendant. <o:p></o:p>&nbsp;[3] The Plaintiff further pleaded that contrary to the
position of the Defendant, he the Plaintiff “never executed any document
guaranteeing any loans for and on behalf of the said Sarah Aboagye with the
Defendants” nor did he pledge to be responsible for the debt of the said Sarah
Aboagye. According to the Plaintiff’s pleading whatever execution carried out
by the Defendants or at their instance in the store of the Plaintiff was
wrongful, untenable and of no legal basis since the said Sarah Aboagye has
never operated in the shop of the Plaintiff and has no goods in the Plaintiff’s
shop. <o:p></o:p>&nbsp;[4]
The Plaintiff also claims that the goods
wrongfully seized by the Defendants or at their instance were items supplied by
Creditors and other suppliers who are to be paid on specific terms and
deadlines. The Plaintiff pleaded that as a result of the wrongful seizure, he
has suffered “incredible humiliation and embarrassment, and financial loss
since monies expended by him for the
purchase of the items listed and in some cases was borrowed with high interest
rates”. The Plaintiff therefore claims per the writ of summons. <o:p></o:p>[5] The Defendant in its defence filed pleaded that the
execution carried out was made pursuant to a valid Court Judgment in the case
of “Express Capital Microfinance Ltd v. Sarah Aboagye dated 17th June,
2015” given against Sarah Aboagye, “a sister or known relative of the
Plaintiff”. The Defendant further pleaded that at all material times
“commencing from contracting the loan from the Defendant herein, the default of
which culminated in the Court action, the Defendant herein, therein Plaintiff,
related to or dealt with the said Sarah Aboagye as owner of the shop which the
Plaintiff herein claims as his, and the goods contained in it”. <o:p></o:p>&nbsp;[6] The Defendant contends that based on the above, it had no
shadow of doubt at the date and time of the execution that the goods against
which the execution was levied were owned by the said Sara</main>