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JUDGMENT
This judgment is the outcome of a writ of summons issued by the Plaintiff against the
Defendants under the District Court rules 2009, CI 59, Order 2 rule 3 (6) for the following
reliefs:
1. Recovery of an amount of nineteen thousand Ghana cedis (GH₵19.000.00) being
monies the defendants collected jointly and severally from the Plaintiff to purchase
a three (3) seater opel Zafira car for him (Plaintiff) since the month of September,
2020 but the defendants have refused to purchase the said vehicle or even return
the Plaintiff’s money to him despite repeated demands.
2. Interest to be calculated on the said amount of nineteen thousand Ghana cedis
(GH₵19,000.00) from the month of February 2022 to the date of final payment.
3. Cost of this application.
SUMMARY OF SUBJECT MATTER OF CLAIM:
The Plaintiff is a teacher resident at Djindjinso whiles the Defendants are also
dealers in different types of vehicles and are resident at Mempeasem. Plaintiff states that in September, 2020, he (Plaintiff) was looking for a 3 seater Opel Zafira
car /vehicle to purchase and the Defendants informed him that they will get one
(1) for him at the cost of nineteen thousand Ghana Cedis (GH₵19,000.00). He
continues that he gave the money to the defendants but they went and bought a
diesel engine car. But he had earlier explained to the defendants that he wanted
a petrol engine car, and not a diesel one. The defendants then agreed to get him
(Plaintiff) the petrol engine Opel Zafira. The Defendant then sold the said Opel
Zafira diesel engine vehicle and promised to get him the one of his choice by the
close of October, 2020. But despite the fact that the Defendants have been bringing
down vehicles to Mempeasem and Kadjebi to sell to some other people, they had
deliberately refused to purchase or return the vehicle or the money to him despite
several demands. All efforts to let the Defendants return the Plaintiff’s nineteen
thousand Ghana Cedis (GH₵19,000.00) to him cannot succeed. Hence this action
to seek redress. Wherefore the Plaintiff claims from the Defendants jointly and
severally as per the reliefs endorsed on the writ of summons.
On the face of the records, the first defendant was the only one seen and served.
On the 29th day of April, 2022, the parties except the second defendant appeared
before the court.
The plea of the first defendant was taken and he pleaded not liable to the reliefs of
the Plaintiff.
The court made orders to the effec