AZZAH NARTEY v. MICHAEL AGYEI

This is a part-heard case as such the proceedings were typed, corrections were made and proceedings were adopted.

The Plaintiff commenced this action against the Defendant for the following reliefs:

1. Recovery of Six hundred Ghana Cedis (GHC6,000.00) being money the defendant promised to pay to the Plaintiff for possessing the Plaintiff’s vehicle with registration No. GT 1331-W after repairing it.

2. Recovery of two thousand, Four Hundred and Seventy Ghana Cedis paid to the Defendant to carry out the following functions on the Plaintiff’s vehicle Opel Astra with Registration No. GT 1331-W:

i. Engine GHC 700.00 ii. Engine GHC1,000.00 iii. Tyres GHC 320.00 iv. Battery GHC 400.00 v. Gas GHC 50.00 GHC2,470.00

3. Recovery of GHC9,510.00 being accumulated daily total sales of GHC30.00 commencing 21/12/2017 to 2/12/2018.

4. Costs of litigation.

The Plaintiff’s case is that he is a farmer and resides at Klo Akwapem. He took a loan and with the guidance and advice of the Defendant he bought the car which is the subject matter in the suit. That is Opel Astra with registration No. GT 1331-W. He bought the said car at GHC3,500.00. He added that upon the advice of the Defendant he left the said vehicle at the Defendant’s workshop in order to engage a driver to come for it. When he later came to collect the car he saw that it’s under part has developed rust. He took it away and registered it and started operating a taxi business with it. Later its engine developed a fault and he contacted the Defendant who told him he had a friend who had an engine for sale. They agreed on a purchase price of GHC700.00 which he gave to the Defendant. The Defendant told him to sell the old engine but he disagreed with him.

According to the Plaintiff upon the request of the Defendant he gave GHC1000.00 to the Defendant in respect of the shocks and engine which the Defendant said were not in good condition. He later gave GHC320.00 to the Defendant to buy four (4) tyres at GHC80.00 each which the Defendant said were worn out. He again gave GHC400.00 to the Defendant to buy battery and GHC50.00 for gas. He further stated that the Defendant fixed the car and informed him of same so he (Plaintiff) sent his brother to go for the car but the Defendant called and told the said brother to send him GHC30.00 for fuel for him (Defendant) to bring the car but he failed to send the car to the Plaintiff. The Plaintiff took the matter to an assembly man for settlement.

He concluded that the