REGINA OSEI v. MASTER AWORTWE

By a writ issued on 16th March, 2021 seeking the following reliefs thereof.

Plaintiff claims against the Defendant as follows:

(a) Plaintiff claims from the Defendant is for recovery of cash the sum of Three

Thousand, One Hundred and Fifty Ghana Cedis (GH¢3,150.00) being amount

Defendant collected from Plaintiff under the pretext of supplying Plaintiff with

Stihl Mower Machine but failed to supply the exact as agreed upon brand and

rather supplied Honda 4 Mower Machine which developed fault soon after

Defendant supplied it to Plaintiff.

(b) Refund of One Hundred and Forty Ghana Cedis (GH¢140.00) which amount

Defendant collected from Plaintiff to purchase spare parts to repair the machine

but has failed to repair it or refund the said money since February, 2020.

PLAINTIFF’S CASE

Plaintiff is a seamstress and lives at Twifo Mampong. That somewhere in April 2019, she

had a conversation with one E.K in regards to Stihl machine (mower) for use. The said

E.K. introduced the Plaintiff to one Mr. Awortwe (Defendant) for which they went to see

him along with her husband and father. The Plaintiff averred that the Defendant could

not get her the Stihl mower machine at that moment but agreed to import some from

China. The purchase price of the mower agreed on was GH¢3,300 which Plaintiff secured

a loan from the bank and initially made part payment of GH¢2,700.00 for the purchase

price leaving a balance of GH¢600 to be paid.

Defendant promised to bring the mower through importation as soon as possible but it

took 4 months before the mower machine was brought which was different from what

was agreed upon. Defendant brought Honda 4 Mower Machine instead of Stihl Mower

Machine. According to the Plaintiff the Defendant explained that the machine he

(Defendant) whatsapp to the company wasn’t the exact machine brought and pleaded

with Plaintiff to use the Honda 4 Mower Machine since both machines possessed the

same qualities. Plaintiff worked with the Stihl mower machine for 3 months and it started

developing some mechanical fault.

Defendant requested for the balance to enable him use some to buy the spare part which

was not available in Ghana.

Upon several demands by the Defendant for the balance, the matter was reported to

TOPP Police where Defendant was invited. At the Police Station, Plaintiff paid the

balance GH¢400.00 for the Defendant to take the GH¢200.00 and use the remaining

GH¢200.00 to buy the spare parts. Defendant later brought