Access Bank Ltd -vrs- Big Boys Company Ltd [2020] GHACA 5 (26 November 2020)

Access Bank Ltd -vrs- Big Boys Company Ltd [2020] GHACA 5 (26 November 2020)

The attachment of the crane was wrongful as the appellant failed to establish ownership in the judgment debtor and conceded the respondent's ownership. The respondent failed to strictly prove special damages, but general damages were appropriate due to the wrongful deprivation of use. The award of damages in foreign currency is permissible if paid in cedi equivalent. No fraud was established to justify lifting the corporate veil. The costs awarded by the trial court were excessive given the revised damages.

Citation
Access Bank Ltd -vrs- Big Boys Company Ltd [2020] GHACA 5 (26 November 2020)
Parties
Defendant/appellant: Access Bank Ltd; Plaintiff/respondent: Big Boys Company Ltd
Court
ghaca
Jurisdiction
Ghana
Judgment Date
26 November 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; special damages set aside; general damages awarded; costs reduced.
Legal Topics
Wrongful Attachment, Damages (special and General), Corporate Veil, Debenture Security, Due Diligence, Foreign Currency Judgment, Ownership of Property
Source Language
eng
Tort Law Banking Law Company Law Wrongful Attachment Damages (special and General) Corporate Veil Debenture Security Due Diligence +2 more

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Parties

Access Bank Ltd

Defendant/appellant

Big Boys Company Ltd

Plaintiff/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the attachment of the crane by the appellant was wrongful
  2. 2 Whether the respondent is entitled to special damages or general damages for the attachment
  3. 3 Whether the award of damages in foreign currency was proper

Ratio Decidendi

The attachment of the crane was wrongful as the appellant failed to establish ownership in the judgment debtor and conceded the respondent's ownership. The respondent failed to strictly prove special damages, but general damages were appropriate due to the wrongful deprivation of use. The award of damages in foreign currency is permissible if paid in cedi equivalent. No fraud was established to justify lifting the corporate veil. The costs awarded by the trial court were excessive given the revised damages.

Court Disposition

Appeal allowed in part; special damages set aside; general damages awarded; costs reduced.

Orders

  • Set aside special damages of USD 25,000 per day from 12 May 2016 to 15 March 2017.
  • Award general damages of the cedi equivalent of USD 200,000 to the respondent.