PROPHET EMMANUEL TESSU v. KODZO SAKAH

INTRODUCTION/BACKGROUND:

Per a Writ of Summons and Statement of Claim filed on the 25th of November, 2021 and

th May,2022 the Plaintiff prayed for the following reliefs;

a. An order of the court directed at defendant to fix or replace the ignition key, front windscreen,

side glasses, dash board, front seat, water tank, back bumper, front gates and front handles

which the defendant removed from his Hyundai Grace No. GW6380-13.

b. Damages for keeping the plaintiff’s vehicle for unreasonable duration of time.

c. Cost and any other orders as the court may deem fit.

PLAINTIFF’S CASE

According to the Plaintiff, sometime in August, 2018 he handed over his vehicle Hyundai

Grace Numbered GW 6380- 13 to the defendant for body works to be done on it at a cost

of Eight Hundred Ghana Cedis (GH₵ 800.00).

The Plaintiff averred that he paid the amount charged for the work to be done but the

defendant failed or refused to do the work despite persistent demands.

The plaintiff stated that there have been several attempts by him to have this matter

settled but the defendant refused to abide by the directives to have the vehicle fixed.

The plaintiff stated that the defendant had abandoned his vehicle at his old workshop

and had removed several parts of the vehicle.

The plaintiff stated that all efforts made by him for the defendant to fix the vehicle has

yielded no positive results. Hence his current action.

DEFENDANT’S CASE

In his defence filed on 4th January, 2022 the defendant admitted that the plaintiff brought

his Hyundai Grace Mini Bus with Registration number GW 6380-13 in August, 2018 for

bodyworks but denied that the vehicle parts stated by the plaintiff were in his custody.

The Defendant stated that as part of his working practice, he removed the ignition key,

front windscreen, side glasses with their frames, dash board, front seat, water tank, back

bumper, and front gate with its handles and handed them over to the plaintiff for keeping

prior to the commencement of work.

The Defendant admitted to agreeing with the plaintiff to pay an amount of GH₵ 800.00

as the charge for his workmanship but following a bargain by the plaintiff, it was agreed

that he pays GH₵ 600.00 for the job out of which he paid an amount of GH₵ 450.00 as

deposit.

The defendant denied that he failed to complete the work for the plaintiff and stated that

it was the plaintiff’s refusal or failure to release the parts earlier handed to him to keep

for fixing that ac