DEBORAH FAVOUR KPORMEGBE TAY vs ZONDA TEC (GHANA) LIMITED

The Plaintiff seeks the underlisted reliefs in her Writ of Summons and Statement of Claim.

a. Recovery of Sinoturk Howo Truck with registration number GM 2197 21, being a truck Defendant impounded from the Plaintiff.

b. Recovery of Five Hundred Thousand Ghana Cedis (GH¢500,000.00) being Plaintiff’s loss of earnings from the operation of the truck from 4th January, 2023 October 2023.

c. General damages of Five Million Ghana Cedis (GH¢5,000,000.00).

d. Cost of litigation, and;

e. Any other reliefs the Honourable Court may deem fit.

Plaintiff states in her accompanying Statement of Claim that she is in the business of renting trucks to mining Companies. In pursuance of this business, she contacted the Defendant to purchase a truck.

According to the Plaintiff, she was informed that to make an outright purchase, she would have to pay Eighty Thousand US Dollars (US$8,000.00) and Eighty-Five Thousand US Dollars (US$85,000.00) on hire purchase at a fixed rate of GH¢6.2 to the dollar for a year.

Plaintiff avers that Defendant demanded an initial deposit of Forty Eight Thousand, Three Hundred and Eighty Seven Dollars (US$48,387.00) equivalent to Three Hundred Thousand cedis. She was further informed that if she bought Two (2) Trucks, it would reduce her liability on the deposit to Two Hundred Thousand Ghana Cedis (GH¢200,000.00) for each truck.

Plaintiff it would seem was delighted from the windfall to be gained and so teamed up with a friend to utilise the hire purchase option on a joint account.. They duly made a joint initial down payment of Four Hundred Thousand Ghana Cedis (GH¢400,000.00), the equivalent of Sixty-Four Thousand Dollars (US$64,000.00).

Plaintiff further pleads that they were required to make a monthly payment of Four Thousand, Three Hundred and Ninety-Five United States, Sixteen Cents (US$4,395.16) which was equivalent to Twenty-Seven Thousand, Two Hundred and Forty-Nine Ghana Cedis (GH¢27,249.00) each, commencing 15th October, 2021. In addition to this they executed a contract but were informed copies of the contract would be made available to them on the delivery of the trucks.

It is the Plaintiff’s case that no such contract was given them upon delivery of the trucks, neither was it delivered to her when she pursued the Defendant for it.

Plaintiff avers that she made her monthly payments in advance because she was out of Accra. Her total payments to Defendant stood at **Seventy-Five Tho