ADOTEI ACQUAYE vs SAMANTHA ADAMAH & ANOR

ADOTEI ACQUAYE vs SAMANTHA ADAMAH & ANOR ADOTEI ACQUAYE vs SAMANTHA ADAMAH & ANOR

INTRODUCTION

The plaintiff sued the two defendants for the following reliefs: -

a) Specific performance for the delivery of caterpillar 330BL to the plaintiff or in the alternative a refund of the amount of forty-six thousand United States dollars (USD 46,000.00) being monies paid to the defendants for the purchase of caterpillar 330 BL, plus interest at the time of payment at the prevailing Bank of Ghana interest rate;

b) General damages for breach of contract.

c) Legal costs

d) Any further reliefs as this honorable court may deem fit.

The defendants, in their response to the writ, denied liability for the claims made by the plaintiff and at the close of pleadings the parties filed their respective issues for the consideration of the court. The plaintiffs’ issues were as follows: -

1. Whether or not the defendants represented to the plaintiff that they bought and sold excavators from China?

2. Whether or not the defendants sold the excavator caterpillar 330 BL to plaintiff?

3. Whether plaintiff made payments to the defendants for the purchase of the excavator?

4. Whether or not the excavator which 2nd defendant represented to the plaintiff was what was shipped to plaintiff?

5. Whether or not the excavator 2nd defendant shipped to the plaintiff was functioning?

6. Any other issues arising from the pleadings.

The defendants’ additional issues were also as follows: -

1. Whether or not any alleged defects in the excavator is attributable to the defendants?

2. Whether or not the plaintiff is entitled to claim the cost of repairs of a 2nd hand vehicle from the defendants or at all?

CASE OF PLAINTIFF

According to the plaintiff, somewhere in March 2019, he contacted the 1st defendant to assist him in buying an excavator caterpillar 330BL from China. He claimed the 1st defendant told him that the 2nd defendant could help or assist in this venture. The plaintiff said he was given different pictures of excavators and he chose one after which he gave a total sum of forty-six thousand US dollars to the defendants for the purchase and shipment of the caterpillar 330 BL he had chosen from China to Ghana. The plaintiff also said that after clearing the excavator from the Tema port, he had it assembled and that was when he found out or realized that what he had received was significantly different from the samples or pictures that had been sent to him by the defenda