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JUDGMENT
The plaintiff initiated this action against the defendants for the following reliefs:
An order compelling the defendants jointly and severally to return the Huaoju
Motorbike with registration number M – 20 – JR 8673 or an order compelling the
defendants jointly and severally to pay the current market price for the Huaoju
Motorbike which 1st defendant claim is missing.
CASE OF THE PLAINTIFF
It is the case of the plaintiff that she purchased a Huaoju Motorbike and registered same
with the intention to resell. The 2nd defendant introduced the 1st defendant to the
plaintiff who agreed to purchase the motorbike.
Plaintiff and defendants agreed that the motorbike (Hajoue motorbike with
registration number, M-20-JR8673) would be sold on hire purchase on a work-and-pay
basis. The first defendant came for the motorbike, tried it, and satisfied himself that the
motorbike was fit for purpose.
On the 23rd of May 2021, the 1st defendant came for the motorbike and on the 24th of
May, 2021, started working with it. At the time the 1st defendant started working with
the motorbike, she had not entered a formal agreement with him.
On the 27th of May, 2021, the 1st defendant called the plaintiff to inform her the
motorbike was missing. The plaintiff asked the 1st defendant if he has lodged a
complaint with the police. The defendant responded in the negative.
Upon further investigation, 1st defendant admitted that he left the key in the ignition of
the motorbike when he parked it. Three days after the motorbike was purportedly
missing, the plaintiff saw the 1st defendant working with another motorbike. The
plaintiff seized the motorbike because she realized the defendant showed no
seriousness in looking for her missing motorbike. The matter was reported to the police
for the plaintiff’s motorbike to be recovered. The police directed her to court. She prays
for the reliefs endorsed on her writ of summons.
CASE OF THE DEFENDANTS
It is the case of the 1st defendant that a friend of his introduced the plaintiff to him as
someone who wanted to sell her motorbike. He went to the plaintiff with the 2nd
defendant who confirmed she was ready to sell the motorbike on a work-and-pay basis.
The plaintiff informed him and the 2nd defendant that he will call them later for an
agreement to be drafted.
The following day the plaintiff called him to come for the motorbike. When he went, the
plaintiff told him the motorbike will be sold to him at GH¢7,000. He wi