SAMUEL WODOR v. EFO KWASI

JUDGMENT

CLAIM:

a) Recovery of cash, the sum of Two Thousand Five Hundred Ghana Cedis

(Gh¢2,500.00) being part payment plaintiff made to the defendant for the

purchase of defendant tricycle.

b) Costs.

SUMMARY OF PLAINTIFF’S EVIDENCE:

It is his case that in 2021 he entered into an oral agreement to purchase the

defendant’s tricycle. That the defendant put the purchase price at Gh¢2,000.00.

That before him, the defendant tried to spark the tricycle but it was not responding,

when he the defendant suggested that it was due to a faulty battery. That he added

Ghc500.00 to the Ghc2,000.00 already paid for the defendant to buy a battery, and

requested the defendant to give him the tricycle for test riding but the defendant

refused claiming he did not know him.

That along the line, his wife fell sick and he left this jurisdiction to the Volta Region

and asked the defendant for a refund of the money paid to him, where the defendant

told him that some people had promised to buy the machine and that when they buy

it he would refund his Ghc¢2,500.00.

That till the time of this action, the defendant had not refunded his money to him,

hence this action, praying for the reliefs endorsed on his Writ of Summons. The

plaintiff did not call any witness to support his case.

SUMMARY OF DEFENDANT’S EVIDENCE:

It is his case that the plaintiff offered to buy his tricycle at a price of Gh¢4,000.00.

That the plaintiff brought a mechanic to him for test riding and when the mechanic

came, he sparked the machine. That the plaintiff’s mechanic told him that he did not

need any test riding, since the sound after sparking told him that the machine was

in good condition.

That he told the plaintiff that somebody wanted to buy the machine and so he would

release it to whoever paid him first.

That in a week’s time the plaintiff paid him Gh¢2,500.00 and paid another

Gh¢500.00 in a months time and wanted to take the machine away but he refused

because according to him he did not know where the plaintiff lived to demand for

the balance of Ghc¢1,500.00. so he did not give the tricycle to the plaintiff

That after paying him the total amount of Ghc2,000.00 he did not hear from the

plaintiff again over a year until the plaintiff came back somewhere last year claiming

a refund of the GH¢2,500.00. That he told the plaintiff that he would have to sell

the machine before he could refund his money to him. The defendant called one

witness whose evidence is not relevan