KOFI NTIM (a.ka. KOFI LEE) 36 MCCARTHY HILL ACCRA vs DAVID AFRIYIE & ANOR

By an amended Writ of Summons and Statement of Claim filed in December 29, 2015 in the Registry of this court, the Plaintiff claims against the Defendants, jointly and severally, the following reliefs;

a. The Plaintiff claims from the defendants jointly and severally an amount of one hundred and nineteen thousand United States Dollars (US$119, 000) or its cedis equivalent being money collected from the Defendant to supply him two (2) cars i. e. Mercedes Benz 305 and BMX X6 which defendants refused to supply the Plaintiff.

b. Interest on the said amount at the prevailing bank rate.

c. Damages for the breach of contract d. Cost inclusive of solicitors fees Briefly, the facts of the case as can be gleaned from the pleadings are that, the Plaintiff expressed an interest in the purchase of two vehicles (Mercedes 350 and BMW X6) belonging to the 2nd Defendant and the total agreed cost was sixty thousand United States Dollars(US$60, 000. 00). This whole agreement was facilitated by the 1st Defendant who had informed the Plaintiff of the availability of the vehicles.

After making the full payment, Plaintiff was informed, at a time he was leaving the country that the vehicles were already at the port awaiting clearance.

Plaintiff therefore designated one Kwame Ofori to see to his affairs during his absence.

However, after his return, he was informed by the 1st Defendant that the vehicles had been sold to another buyer and that there would be a replacement.

When the replacement did not arrive, Plaintiff inquired from the 1st Defendant who told him that one Siaw in Italy was also importing cars and could get him the vehicles.

Consequently, Plaintiff alleges that he made a further payment of sixty thousand Dollars (USD60, 000. 00) for the acquisition of these vehicles.

When 1st Defendant informed him that the vehicles were at port in Takoradi but on inspection this was found to be false, and Plaintiff who smelt foul play made a demand for a refund of the money.

When repeated demands failed, Plaintiff reported the matter to the police and the 1st and 2nd Defendants were subsequently arrested and arraigned before the Circuit court and sentenced accordingly (see Exhibit “A” which is a copy of the judgment of the Criminal Court). At this point, 1st Defendant had made an initial payment of ten thousand United States Dollars (USD10, 000. 00) to the Police with the promise to pay the rest. However, this promise too failed.

Plaintiff avers that the outstanding bala