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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

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.

JUDGMENT