MAXWELL YEBOAH @ KWAME vs MR LI & 2 ORS
  • IN THE SUPERIOR COURT OF JUDICATURE
    IN THE HIGH COURT (COMMERCIAL DIVISION)
    KUMASI - A.D 2018
MAXWELL YEBOAH @ KWAME - (Plaintiff)
MR. LI & 2 ORS - (Defendant)

DATE:  6 TH FEBRUARY, 2018
SUIT NO:  OCC/70/2018
JUDGES:  ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
LAWYERS:  KWABENA ATTA ADJEI FOR PLAINTIFF
RULING

 

Counsel for the Plaintiff/Applicant moves the court for an order of preservation under order 25 rule 2 (1) and rule 1 (7) of C.I. 47.

 

The basis of this ex-parte application is that as a result of an agreement between the parties, the Defendant became indebted to the Plaintiff to the tune of GHC 124,600.00. The subject matter of this application which the Plaintiff had a lien over, were forcibly removed by the police based on a false complaint lodged by the Defendants. It has been submitted before this court that the Defendants are in the process of moving the equipment out of the jurisdiction into the Western Region and Beyond.

 

Upon a careful perusal of the processes filed and after considering the submissions by counsel for the Plaintiff, the court grants the application for preservation in respect of CAT excavator machine with chassis number CAT 0330 DLM WP00199 for a limited period of 10 days from the date of execution of the order.

 

Thereafter, the Plaintiff may repeat the application on notice the Plaintiff. The Plaintiff is to bear the expenses of the execution of this order.

 

 

 

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