FRANK KOFI FREMPONG VS TYRON GARAGES
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SOPHIA R. BERNASKO ESSAH (MRS.)
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves an action initiated by the Plaintiff seeking the recovery of GH¢53,000 paid for vehicles and general damages for breach of contract. The Plaintiff had purchased three vehicles from the Defendant, a car dealer, and paid GH¢53,000 out of GH¢110,000 before the cars were retrieved by the Defendant citing non-payment. The court found that both parties failed to provide sufficient documentary evidence. However, based on the testimonies and the few documents available, the court concluded that the vehicles were sold at prices quoted by the Defendant. The Plaintiff defaulted on the payment, and the vehicles were retaken and sold with his consent. The Plaintiff's claim for breach of contract was dismissed. The Plaintiff was found to owe the Defendant GH¢49,000. Lastly, the Plaintiff was entitled to the depreciated value of the Hyundai Santefe less any costs incurred by the Defendant for repairs.
On the 19th of December 2012, the Plaintiff herein, the CEO of Vision 2050, commenced the instant action against the Defendant seeking the following reliefs: a) Recovery of Fifty-Three Thousand Ghana cedis being the amount Plaintiff had paid for the cars, b) General damages for breach of contract to sell the said cars to Plaintiff.
Plaintiff alleges that between February and April 2010, he purchased 3 vehicles from Defendant, a company dealing in importation and sale of vehicles. The vehicles were a Hyundai Santefe, a BMW (7 series), and a Dodge Ram at a total cost of GH¢110,000. That by February 2011, he had paid GH¢53,000 to the Defendant. However, on or about February 2011, Defendant, with the help of police, retrieved the said vehicles from Plaintiff, claiming the Plaintiff had not finished paying for the cars even though the time for full payment for the cars had not lapsed.
In their defense, Defendant admitted that the said vehicles were purchased from them by the Plaintiff on credit at the total sum of GH¢110,000, but Plaintiff, having paid GH¢14,000 deposit, reneged on his promise to pay the balance within 3 months. That having purchased the vehicles in April 2010, Plaintiff could not be traced until October 2011 when, with the assistance of the police, he was arrested in hiding in a hotel in Sunyani for issuing a dud cheque and also defrauding by false pretenses. That the police were able to retrieve all the vehicles, but the BMW was found abandoned at a workshop in Kumasi, while the Hyundai Santefe had developed a fault and was also parked in a workshop. The Dodge was seriously damaged through a motor accident. Plaintiff, having insisted he had no money to repair the cars, coupled with the fact that Plaintiff had not finished paying for the cost of the vehicles, Defendant effected repairs on both the BMW and Dodge Ram at a cost of GH¢13,000, while the Hyundai Santefe was repaired and sold at GH¢9,000 to pay off part of the purchase price. That the vehicles were purchased as used cars and Plaintiff, having used them to the extent that they are either damaged or rendered not roadworthy, it is preposterous for Plaintiff to allege that the time for payment had not lapsed without Plaintiff indicating when he was supposed to complete payment.
Defendant's counterclaim for payment of GH¢49,000 being the outstanding purchase price of the 3 vehicles. Pre-trial having failed to resolve the differences between the parties, the following issues were set do