SUPREME COURT, ACCRA
DATE: 2ND FEBRUARY, 1962
BEFORE: OLLENNU J.
The jurisdiction of the circuit court in personal suits is limited by section 39 (1) of the Courts Act, 1960 (C.A. 9) to claims “arising under contract or tort or for recovery of any liquidated sum, where the amount claimed is not more than £G500”. In a claim filed in the circuit court for recovery or return of a car valued at £G500 and for £G100 damages for wrongful detention, the real claim is for trespass to a chattel, a personal suit in tort. Trespass to a chattel gives the owner or person deprived of possession of the chattel a right to recover the chattel or its value, plus damages. Thus the claim for damages for trespass is inseparable from the claim for recovery of possession. That action may be instituted in any court of original jurisdiction including a local court. But, with the exception of theHigh Court which has jurisdiction in all matters, the competence of any court to entertain a personal suit like detinue is dependent upon the total amount of damages claimed consequent upon the particular wrong. In other words, although the action itself, i.e. detinue, is within the jurisdiction of the circuit court, being a personal suit, yet the competency of that court to entertain it is determined by the quantum of damages claimed as consequential to the wrong committed. Odunuwe v. Uduaga (1952) 14 W.A.C.A. 187 distinguished.
A claim for the return of a vehicle or its value, £G500, plus £G100 for damages therefore is a demand for £G600 which is above the jurisdiction of the circuit court.
(J. Conte Ltd. v. Acolatse. Judgment by Ollennu, J.)
