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DAVID AMOO-OSAE JNR. v. RANA MOTORS GHANA LTD.

2021

COURT OF APPEAL

GHANA

CORAM

  • WELBOURNE (MRS), J.A. (PRESIDING)
  • GAISIE (MRS), J.A.
  • BAAH, J.A

Areas of Law

  • Contract Law
  • Tort Law
  • Civil Procedure
  • Insurance Law

AI Generated Summary

The Ghana Court of Appeal, per Welbourne J.A. (with Gaisie J.A. and Baah J.A. concurring), affirmed the High Court’s judgment arising from a dispute over a 2011 Kia Cerato Coupe purchased with a five-year/100,000 km warranty. After a gearbox failure, the car was submitted to the Appellant’s workshop, where catastrophic October 2011 flooding submerged vehicles, including the Respondent’s. The Appellant alternated between claiming the vehicle was beyond salvage and asserting it had been repaired and certified roadworthy by the Driver and Vehicle Licensing Authority, but offered no expert proof beyond a DVLA certificate. Applying occupier’s liability, the trial judge found the Appellant owed a duty to keep the premises safe and, under the Sale of Goods Act (Act 137), the Respondent could reject the vehicle given prolonged downtime and unresolved defects. The Court of Appeal agreed, ordering a refund of US$20,550.00, awarding interest from 22 October 2011 to judgment and statutory post-judgment interest thereafter, limiting loss-of-use damages to 24 months, and disallowing the Appellant’s repair-cost counterclaim under the warranty.

JUDGMENT