FATLAS MOTORS v. MR. ZAKARIA

JUDGMENT

INTRODUCTION

1. This judgment relates to contract, recovery of money.

2. The plaintiff per it’s manager Mr. Hamza Alhassan instituted this action against the

defendant. The plaintiff is a mechanic shop while the defendant is the director of the

Salaga District Health Directorate.

3. On 12

th January, 2023 the plaintiff took out this action against the defendant for the

following reliefs:

a. Recovery of GHS16,060.00 being the cost of spare parts and workmanship

on vehicle number GV 1683-14 brought for servicing and repairs and which

remains unpaid despite repeated demands.

b. Damages for breach of contract.

c. Costs.

4. The defendant on 20th January, 2023 pleaded not liable to plaintiff’s claim. He

proceeded to file a defence and counter-claim. In his 50 paragraphed defence and

counter-claim filed on 27th January, 2023 the defendant pleaded negligence on the

part of the plaintiff and claimed for the following:

a. Breach of contract between the parties.

b. Damages for breach of contract.

c. Damages for negligence, anxiety, psychological trauma as well as noneconomic losses plaintiff caused the defendant.

d. Refund of an amount of GHS45,000.00 being monies paid for the engine

which is not fit for purpose and taking off its defective engine from

defendant’s vehicle.

e. Costs as well as solicitor’s fees.

5. The plaintiff also filed a reply to the defendant’s defence and counterclaim on 13th

February, 2023 disputing the defendant’s claim. The case of either party is detailed

below.

PLAINTIFF’S CASE

6. According to plaintiff, sometime in July 2021, he received a call that a pickup vehicle

with registration number GV 1683-14 had broken down at Dunyin, a suburb of

Tamale. He went to Dunyin, met the defendant and then drove the vehicle to his

shop in Tamale for checks and repairs. After checks, he informed the defendant that

the vehicle needed a replacement of a new engine. He suggested a home-used engine

to be purchased from one Mr. Agyenim Boateng, who trades in Kumasi. Plaintiff

stated that the valued of engine at that time was GHS18,000.00, but the defendant

indicated that he could not afford it. Plaintiff added that later in October 2022 the

defendant confirmed that he (defendant) had spoken with Mr. Boateng and procured

the said engine which price had increased to GHS45,000.00. Plaintiff averred that in

addition to fixing the home-used engine, the defendant requested him to also fix the

air condition, repl