OLIVER AKPENE BAKU VS CYNTHIA AMOAH & ANOR
June 28, 2017
HIGH COURT
GHANA
CORAM
- HER LADYSHIP (MRS.) AKUA SARPOMAA AMOAH J.
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
- Commercial Law
June 28, 2017
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this Ghana High Court case, Oliver Baku, an Accra-based car dealer, sued the 1st Defendant, Cynthia (wife of Joseph Ankamah Kyereme), and First Turn Services over payments for multiple vehicles that were not timely delivered. After Cynthia apologized for Josephs earlier delays and represented that she dealt in cars and was registered with Auction Export, Baku paid GH25,500 for a 2007 Nissan Navarra, then US$5,900 and US$6,500 for a 2004 Toyota Corolla and 2008 Honda Civic into First Turn Services account, and later US$32,600 to a foreign account specified by Cynthia for four more vehicles. Two vehicles arrived at Tema Port on credit, forcing Baku to raise US$10,300 and incur GH6,000 in extra costs. Relying on a detectives testimony and Bakus own July 2014 police statement, the Court found Cynthia acted only as a conduit for Joseph in Switzerland and thus was an agent for a disclosed principal. The Court also held First Turn Services, registered under Act 151, lacked separate legal personality. The suit was dismissed and costs of GH5,000 were awarded to the 1st Defendant.
By an amended Writ of Summons filed on the 3rd of May, 2016, the Plaintiff in this suit prays for the following reliefs against the Defendants
a) The full amount of monies paid to Defendants for the purchase of all six cars i. e GH¢25, 500 (Twenty Five Thousand, Five Hundred Ghana Cedis and USD32, 600(Thirty Two Thousand Six Hundred US Dollars).
b) Interest on the said amounts at the prevailing bank rate from the due date for delivery of the cars to date of final judgment.
c) An amount of GH¢10, 300 (Ten Thousand, Three Hundred Ghana Cedis) being the cost of clearing the Toyota corolla and Honda civic.
d) An amount of GH¢6, 000 (Six Thousand Ghana Cedis) being the extra cost incurred on paying the increased duties of the Toyota Corolla and Honda Civic.
e) Damages for breach of contract.
f) Costs including legal fees.
In the Amended Statement of Claim that accompanied the Writ of Summons filed on the 19th of May, 2016, Plaintiff is described as one who sells cars and resides in Accra.
The 1st Defendant is also said to reside in Accra whereas the 2nd Defendant is described as a company registered under the laws of Ghana.
The Plaintiff alleges that he one day received a call from the 1st Defendant who introduced herself as the wife of one Joseph Ankamah Kyereme.
According to Plaintiff, it turned out that the 1st Defendant had called to apologize for the manner in which her husband, Joseph Ankamah Kyereme had mistreated Plaintiff in certain business dealings they had had previously.
The 1st Defendant went further to inform the Plaintiff that she also dealt in cars and was duly registered with the Auction Export Company.
The Plaintiff however rebuffed the advances of 1st Defendant and made it clear to her that he was not interested in doing business with her.
Plaintiff says that 1st Defendant however persisted in her efforts until she eventually succeeded in convincing him to enter into a contract for the purchase of cars from her.
Pursuant to this sale agreement, the Plaintiff says he paid the cedi equivalent of €9, 000. 00 (Nine Thousand Euros) i. e. GH¢25, 500. 00 (Twenty Five Thousand, Five Hundred Ghana Cedis) at the time of the transaction, into the personal account of the 1st Defendant.
This amount was for the purchase of a 2007 model of a Nissan Navarra pick up.
It was agreed between the Parties that the said vehicle was to be delivered within 2 months.
This the 1st Defendant failed to do.
Upon her failure to deliver the vehicle within