G.A. SARPONG VS SILVER STAR AUTO LTD

In this application, the applicants pray this Honourable Court for an order committing the respondent herein for contempt of court in that the respondent has wilfully disobeyed the orders of the High Court (Commercial Division) dated 10th July, 2014. Briefly, the material facts which gave rise to the present application are that the applicants herein elected to buy a brand new C-I80 Mercedes Benz Saloon Car from the Silver Star Auto Limited, whose Chief Executive Officer is the respondent herein. This was in February, 2007. The car was bought under a 2-year unlimited warranty.

Having used the car over a period of 5 months, the head gasket cracked. This was brought to the notice of Silver Star Auto Ltd. It was agreed between the parties that the applicant pays 15,000 Euros to Silver Star Auto Ltd and further surrender the C-180 Mercedes Benz. The applicants fulfilled their part of the agreement, and a brand new E-class Mercedes Benz was delivered to the applicants. The E-class Mercedes Benz also stopped suddenly on the road at East Legon on a rainy day. Applicants notified Silver Star Auto Ltd. The car was accordingly towed by Silver Star Auto Limited. Some repairs were carried out by Silver Star Auto Limited at a fee. The car, after the repairs, broke down again.

This compelled the applicants to commence an action at the Commercial Court, Accra, and asked for, 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 purchase price of the vehicle.” The High Court, after the trial, entered judgment for the applicants on their said relief. Silver Star Auto Limited appealed against the decision of the High Court. Silver Star Auto Limited then moved the court for a stay of execution of the judgment pending the determination of their appeal. The High Court granted the application for stay of execution on condition that the defendants (Silver Star Auto Ltd) make an undertaking to unconditionally give the plaintiff (applicant herein) a brand new Mercedes Benz E-class. The said undertaking was executed by Mr. Kalmoni Mouhad, the respondent herein, dated 9th December, 2010, and filed in court on the 10th December, 2010.

The Court of Appeal affirmed the judgment of the High Court but reversed the order that the appellant was entitled to a brand new E-class Mercedes Benz as a replacement for the damaged car. The Court of Appeal ordered that the applicant was rather entitled to a replaceme