KWADWO ANTWI v. DANIEL ASAMOAH
2016
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Tort Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court ruled in favor of the Plaintiff, declaring him the owner of the Kia Pregio vehicle. The Plaintiff, a used car dealer, purchased the vehicle from Oppong, who was deemed the Defendant's agent for the sale. The Plaintiff acted in good faith and without notice of any prior claims by the Defendant. The court found that Oppong had apparent authority to sell the vehicle and that the Plaintiff was a bona fide purchaser for value. The Plaintiff was awarded possession of the vehicle, but not general damages for detinue as they were not specifically pleaded or proved.
JUDGMENT
This action arose from the sale of a Kia Pregio Vehicle to the Plaintiff, and to which the Defendant also claims ownership. Per the endorsement on the writ of summons filed on 2/10/14, the Plaintiff seeks the following reliefs:
i. A declaration that he is the owner of the Kia Pregio Vehicle with Chasis number KNETB24225K201894;
ii. Recovery of possession of the said vehicle;
iii. General damages for detinue
Perpetual Injunction restraining the Defendant, either by himself, agents, servant, workmen, assigns, representatives and/or any other person(s) claiming through him or on his behalf or derive his interest or title from him from in any way dealing with and/or having anything to do in the form of taking over the vehicle from the plaintiff and/or obstructing the use of the said vehicle by the Plaintiff or doing anything at all with the aim of denying the Plaintiff access to same.
Such further order(s) as the Honourable Court may deem fit, equitable and just.
The facts of the case are uncomplicated. The Plaintiff who is a used car dealer alleged that in the course of his business, one Oppong who is also a known car dealer, brought a KIA Pregio with chassis number KNETB24225K201894, the vehicle in issue for sale. The said Oppong came along with the original documents covering the vehicle which the Plaintiff took the Driver and Vehicle Licensing Authority, Kumasi for verification. The Plaintiff further verified from friends of the said Oppong and he became convinced that the said Oppong was the real owner and had the right to sell the vehicle. After negotiations, the Plaintiff allegedly paid the agreed price of Twenty Thousand Five Hundred Ghana Cedis (GH¢ 20,500.00) to the said oppong and took possession of the car.
The Plaintiff further averred that on 15/09/14, the Defendant came with some armed police men to impound the vehicle on the basis that he gave the vehicle and its documents to Oppong to sell on his behalf but after the sale, Oppong failed to pay the money to him. Those police men seized the vehicle but later released the same to the Defendant without the knowledge of the Plaintiff. It is as a result of this dispossession that the Plaintiff has come to court to claim this vehicle on the basis that he is a bona fide purchaser for value in good faith without any notice whatsoever.
The Defendant's version of the story is that even though he gave the vehicle in issue to Kwame Oppong who is a car dealer, to sell on his behalf, he did