By a sales agreement dated 28th October 2011, defendant sold his Mercedes Benz Tipper Truckwith registration number GW 2893-X to plaintiff for the sum of Ghc45, 000. Plaintiff registeredthe vehicle with the Drivers and Vehicle Licensing Authority (DVLA) on 21st of January 2012after ownership had been transferred into his name by the previous owner and was issued withthe Form C. After using the vehicle for two years, Plaintiff sold the vehicle to a third party but physicalexamination conducted at DVLA when the new purchaser went to register the vehicle revealedthat the vehicle was uncustomed and it was seized by customs officials.
Plaintiff averred thatwhen the vehicle was transferred into his name, no physical examination was conducted by DVLA.
The third party has since sued plaintiff for refund of the purchase price yet all effortsto get defendant to either pay the customs duty or refund the sum of Ghc45, 000 being the costof the vehicle has proved futile.
Plaintiff’s claim against defendant is for the following reliefs: I. Recovery of the sum of Ghc45, 000 on account of the price of the subject matter paid to the defendant by plaintiff.
Interest on the sum of Ghc45, 000 at the commercial bank lending rate from 3rd November 2011 up to and inclusive of the date of final payment.
OR IN THE ALTERNATIVE I. An order directed at defendant to pay to Ghana Revenue Authority (Customs Division) the customs duty payable on the subject matter.
Delivery of the subject matter to plaintiff III.
An order directed at DVLA to issue vehicle registration number to the subject matter IV.
Costs In his amended statement of defence defendant denied the averment that the vehicle wasuncustomed.
He averred in paragraph 9A that apart from signing the relevant documents onthe transaction personally, he was represented by his procurement manager Divine Gaewu inthe purchase of the vehicle.
Defendant averred that the vehicle was imported and registered atthe DVLA in 2006 by one William Akowuah and sold in the same year to one Gladys Gyekyefrom whom defendant purchased the vehicle.
The said Gladys Gyekye registered the vehiclewith DVLA in May 2006 and effected change of ownership into her name before the vehiclewas subsequently sold to defendant.
Defendant did not change ownership into his name beforeselling the vehicle to plaintiff.
After purchasing the vehicle, plaintiff effected transfer ofownership from Gladys Gyekye to plaintiff’s name and a Form C was duly issued to pl
