G.A. SARPONG & CO. v. SILVER STAR AUTO LIMITED & ORS

ANSAH,JSC

Facts of the case.

The plaintiff/respondent/appellant, (hereinafter referred to as the plaintiff), a Firm of Legal Practitioners and Consultants elected to buy a brand new C180 Mercedes Benz Salon car from the defendant/appellant/respondent (hereinafter called “the respondent”) in February 2007. The car was bought under a 2 year unlimited warranty. Five months into acquiring the C- 180 Benz, the head gasket cracked. It was agreed between the appellant’s officers and the respondent’s officers that the appellant surrender the C- 180 Benz for another brand new E-Class Benz after paying Euros 15,000 to the respondent subject to a 2 year unlimited warranty. The E-Class Mercedes Benz Saloon car with Registration Number GN 2266Y is the subject matter of this Appeal.

In May, 2008, the car suddenly stopped in the middle of the road on a rainy day at East Legon, and appellant’s officer notified respondent whose agents subsequently towed the car to respondent’s workshop for repairs. The respondent claimed after diagnosis that water had entered the engine compartment and damaged some parts in the engine. The car remained in the workshop of the respondent for three months because respondent claimed it had to import the new parts for the engine.

On August 8th, 2008 the respondent submitted an invoice of GH₵7,498.77 as cost for the repair of the car to Appellant’s insurers. The Insurers paid GH₵6,748.89 (Representing 90% of the total cost of repairs) under the insurance policy to respondent and appellant paid the remaining GH₵748.89 before respondent released the car to the appellant and appellant took delivery of same.

On December 1, 2008, two months after the respondent repaired the car, it broke down again whiles it was being driven by the appellant’s Director on the Korle Bu Mortuary Road on a clear and sunny day. This time round, there was a loud noise beneath the car and after appellant’s official had parked the car off the road, he discovered that all the oil in the car had drained onto the road. The respondent was notified after which its agents towed the car again to the workshop. The appellant was informed through its insurers that the engine of the car was damaged beyond repairs.

Subsequently, plaintiff commenced an action in the High court (Commercial Division) in Accra, against the respondent claiming, inter alia.

A brand new Mercedes Benz car (E Class) as replacement for Plaintiff’s damaged car, or in the alternative a refund of the purchas