DORIS FABEA v. GLORY ASSEMBLIES OF GOD CREDIT UNION

JUDGMENT

In her Amended Writ of Summons issued on 24th July 2019, the Plaintiff claims

the following reliefs against the Defendant:

a. An order restraining the Defendant from interfering in the Plaintiff’s

use of the vehicle no. GT 6958-14.

b. An order directed to the Defendant to transfer the vehicle into the

Plaintiff’s name.

c. An order to Defendant to pay GH¢50.00 per day for loss of use of the

vehicle when it was seized by the Defendant from February to July,

2017 and cost.

In its Statement of Defence filed on 8th August 2019, the Defendant stated that the

Plaintiff is not entitled to her claims and counterclaimed against the Plaintiff as

follows:

i. Recovery of the sum of GH¢13,870.00 being total debt due and owing to

the Defendant as at February 2016.

ii. Interest on the said amount from March 2016 until date of full and final

payment.

iii. An order for judicial sale of the vehicle with registration number GT 6958-

14 with chassis number KMJWVH7HPIU310260.

iv. Costs including legal fees.

The Plaintiff subsequently filed her Reply and Defence to Counterclaim.

THE CASE OF THE PLAINTIFF

It is the case of the Plaintiff that she is a trader and that she contributed a total of

GH¢5,020.00 from 15th January 2013 to 18th May 2015 to purchase a vehicle for her

trading activities. That upon meeting one third of the cost of the vehicle, the

Defendant supported her with GH¢10,000.00 to buy a Hyundai H100 for her

bakery business. That the vehicle was bought for her but registered in the name

of the Credit Union. That an amount of GH¢7,350.00 was thereafter calculated as

interest for the financial support in purchasing the vehicle. According to the

Plaintiff, as part of the verbal agreement the Defendant was to be responsible for

the repairs of the vehicle by the Defendant’s own mechanics but the Defendant

breached the said agreement and failed or refused to repair the vehicle

compelling the Plaintiff to buy spare parts and repaired the vehicle at the various

times amounting to a total of GH¢10,010.00 which exceeds the interest of

GH¢7,350.00 calculated on the money lent to her by Defendant. The Plaintiff

further stated that the Defendant’s refusal to renew the insurance and road

worthy certificates of the vehicle made the police on countless number of times

impound the vehicle for days and despite repeated notices to the Defendant, it

has failed to renew the said documents leading to the loss of use. She continued

that the