FAFAPE AMA ETSA FOE & ANOR v. Z-AUTO TRADE GHANA LIMITED. & ANOR

My Lords, the plaintiffs/respondents/appellants herein appeal against the judgment of the Court of Appeal delivered 15/12/2022 that appears on pp 99-131 of Vol. 2 of the record of appeal [roa], pursuant to a notice of appeal filed with this court on 03/03/2023. Significantly, the Court of Appeal delivered two (2) separate judgments, first judgment authored by Adjei JA [as he then was] which appears on pp 99-108 Vol. 2 [roa] and the other, delivered by Kyei Baffour JA and concurred to by Bartels-Kodwo JA [as she then was] which judgment also appears on pp 108-131 Vol. 2 [roa]. It is against the judgment of the court below that the plaintiffs/respondents/ appellants have mounted the instant appeal on the following grounds:

1.That the judgment is against the weight of evidence.

2.That the Court below misdirected itself on the law regarding the buyer’s right to reject and return the goods when it held that there was unreasonable delay despite clear evidence on record that the seller had committed fraud on the appellants.

3.That the court below erred in law when it held that there had been a transfer of property and risk in the car to the appellants at the time the car was returned, having regard to the requirements of Regulation 17 of the Road Traffic Regulations, 2012 (LI 2180) applicable to change of ownership of vehicles, and as same was not supported by the evidence on record.

4.That further or additional grounds shall be filed upon receipt of the full records of proceedings. See: pp 133-135 Vol. 2 [roa]

Consequently, the plaintiffs/respondents/appellants pray the Supreme Court to set aside and or vary the judgment of the Court of Appeal and to make the respondents liable on the reliefs the appellants sought in the trial High Court. In this appeal, the parties shall maintain their original designations as plaintiffs and defendants, respectively.

Writ of summons:

On record, Fafafe Ama Etsa Foe initially as the plaintiff, caused to be issued in the registry of the Commercial Division of the High Court, Accra on 14/11/2016, a writ of summons against three (3) defendants namely: Jowi Enterprise Ltd, Josephine and Walid Zaghloul. Upon subsequent applications made to the trial court, some substitutions were made as regards the status of the parties to the case, as a result of which the writ was amended. Pursuant to the amendment, the title of the case was changed with the addition of **ThyWil