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JUDGMENT
JUDGMENT
FACTS
The plaintiff, a building contractor, caused a writ of summons to issue against
the defendants claiming against them jointly and severally the following
reliefs;
a. Recovery of an amount of Ten Thousand Ghana Cedis (GH₵10,000),
being part payment made in relation to the purchase of the vehicle.
b. Recovery of an amount of Three Thousand, Three Hundred and FiftyThree Ghana Cedis (GH₵3,353) being the cost of repairs expended on
the vehicle.
c. Interest on the amount from the date of seizing the vehicle to date of
final judgment.
d. Costs.
e. Any other orders as the court deems fit.
The defendants entered appearance through their lawyer and filed a defence2
and counterclaim on 15th April, 2019 in which the defendants counterclaimed
as follows;
a. An order directed at the Plaintiff to account for the monies he made
from using 2nd defendant’s vehicle as commercial bus (trotro) plying
Gbetsile to Ashaiman and Ashaiman to Afienya for the period of three
months.
b. An Order directed at the Plaintiff to replace the engine of the vehicle he
damaged.
c. An Order for reconciliation of account.
d. Damages for breach of contract.
e. Loss of use.
f. Interest on relief (a)
g. Any Other order(s) as this Honourable Court deems just.
THE PLAINTIFF’S CASE
The plaintiff’s case as gleaned from the statement of claim and the reply is
that on 25th September 2018, he entered into an agreement with the 1st
defendant acting with the consent of the 2nd defendant, for the purchase of the
2nd defendant’s vehicle at an agreed price of Twenty-Five Thousand Ghana
Cedis (GH₵25,000). The plaintiff contends that he made a part payment of
GH₵10,000 and the 1st defendant issued him with a receipt. Thereafter, the 1st
defendant gave him possession to the car on condition that the remaining
balance will be paid in a month’s time. The plaintiff further avers that upon
taking possession of the car, he realised that there were faults making the car
not road worthy. Consequently, with the knowledge and consent of the
defendants, he expended an amount of Three Thousand, Three Hundred and
Fifty-Three Cedis (GH₵3,353) on the said vehicle to make it roadworthy. The
plaintiff avers that due to the cost expended on the car and the time it took for3
him to repair the car, he was unable to pay on the agreed date. The plaintiff
therefore asked defendant to give him ample time to pay the money. The
plaintiff says that in the first week of December, the