EDMUND RUTTMERN AND ANOR VS ISSAC KWAME GBENARTEY
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP PATIENCE MILLS- TETTEH (MRS.), J
Areas of Law
- Contract Law
- Commercial Law
- Tort Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over the purchase of a used vehicle. The plaintiffs, a married couple, contracted with the defendant, a bank employee, to import a used 4x4 Honda CRV. However, the vehicle delivered was a 2-wheel drive, immobile, and in poor condition. The court found that a valid contract existed between the plaintiffs and the defendant, rejecting the defendant's claim that he was merely an intermediary. The court held that there was a breach of contract as the delivered vehicle did not match the agreed-upon specifications and was unfit for its intended purpose. Furthermore, the defendant was found to have acted fraudulently by misrepresenting the condition of the vehicle and concealing its true state. The court awarded the plaintiffs refunds of the purchase price and port charges, with interest, as well as general damages and costs.
Parties herein are workers of the banking sector.
Plaintiffs are a couple with the 2nd plaintiff being a wife of the 1st plaintiff who also works with the defendant at First capital plus bank.
It is the case of the plaintiffs that they contracted with the defendant for the purchase of a vehicle, but when the vehicle was delivered, contrary to the normal function of every vehicle, it was stationary and failed to perform its function of moving from one place to the other, they therefore sued on 24th June 2014, claiming the following reliefs: i. A declaration that the defendant had been fraudulent in his dealings with the plaintiff ii.
A declaration that the defendant has breached the agreement he entered into with the plaintiff to import for them a used 4x4 car which can be driven and accident free iii.
General damages against the defendant for breach of contract iv.
An order directed at the defendant to refund to the plaintiff the cedi equivalent of $16, 470 v. Interest on item iv from 20th November 2013 up to the date of final judgment vi.
An order directed at the defendant to refund to the plaintiff the GH¢20, 040 that the plaintiff spent as port and handling charges vii.
Interest on item vi from 14th March 2014 up to the date of final judgment viii.
Cost inclusive of legal fees assessed as 10% of items iii, iv , v , vi, vii THE CASE OF THE PLAINTIFF According to the plaintiffs, in or around 20th November 2013, the defendant represented to them that he could import for them a used 4x4 vehicle in a very good condition.
The plaintiff stated that the defendant indicated to them that the 4x4 vehicle to be imported by the defendant for the plaintiffs was accident free and that the said vehicle was auctioned as a result of repossession by a bank.
The defendant provided the plaintiffs with purported pictures of the vehicle taken prior to its shipment from the US to the plaintiffs in Ghana.
According to the plaintiffs upon the representations made to them by the defendant they paid a total sum of $16, 000. 00 on 20th November 2013 to the defendant through one Nana Yao Agyapong receipt of which was tendered and marked exhibit B. They paid $12, 000 first and subsequently paid an additional cedi equivalent of $4, 476. The plaintiffs stated that when the vehicle arrived, they had to pay an amount of GHC 20, 040 as port duties and handling charges.
The vehicle agreed upon with the defendant was a Honda CRV 4 wheel drive but the vehicle that eventually arri