DANIEL SACKIE -MENSAH VS DR. MANBOAH ROCKSON

By an oral agreement between the parties sometime in October 2013, the defendant sold his Jeep Wrangler 4X4 with registration No. GS 2952-Y to the plaintiff. It is the case of the plaintiff that the agreed price of Ghc 31,000 was to be paid by the end of December 2013 in three installments. He paid two installments totaling Ghc 21,000 into the defendant’s bank account, leaving a balance of Ghc 10,000. As agreed by the parties, he presented the pay-in slip to the defendant’s tenant, who handed over the keys to the vehicle and the documents to him.

Upon taking possession of the vehicle, he noticed some defects and accordingly notified the defendant, who had then traveled to the United States of America. The defendant recommended that the vehicle be sent to his (defendant’s) mechanic. At the workshop, the mechanic gave the plaintiff a list of parts that needed replacement, and the plaintiff forwarded the list to the defendant in America. He purchased the parts at the cost of $840, and the plaintiff refunded the amount to him. Some parts were also purchased locally by the plaintiff at the cost of Ghc 5,280 and installed on the vehicle.

The plaintiff contended that further to the sale transaction, he leased his sachet water production factory to the defendant for two years at a monthly rent of Ghc 500, with the understanding that the rent payable by the defendant would be used to offset the plaintiff’s indebtedness under the sale agreement. While the said sale agreement was subsisting, the defendant wrongfully repossessed the vehicle and demanded payment of the sum of Ghc 20,000 instead of Ghc 10,000 as the outstanding balance and also demanded interest of 100% on the said outstanding balance. The plaintiff averred that as a result of the defendant’s unlawful action, he had to resort to hiring a taxi daily for his business at a cost of Ghc 900.00 per month for four months.

His claim is for the following reliefs:

1. A declaration that the plaintiff is the owner of and/or has immediate right to possession of the Jeep Wrangler 4X4 registered as No. GS 2952-Y with Chassis No. 1J8GAS9999999117L150480;

2. The return of the said Jeep Wrangler 4X4 now in the possession of the defendant;

3. Or in the alternative:

a) Recovery of Ghc 21,000 being part payment of the purchase price of the vehicle which was to be paid to the defendant.

b) Interest on the said sum at the prevailing interest rate from July 2013 until the date of final payment.

4. Special damages