TETTEH AKUTEY v. ABIWU SIMON

J U D G M E N T

The Plaintiff commenced the instant action against the Defendant for the following reliefs:

1. An order to compel the Defendant to fix the engine of Plaintiff’s Opel Zafira vehicle

with Registration No. GE 9247-13 which the Defendant caused damaged to.

2. An order for the Defendant to pay Plaintiff the daily sales of GH¢60.00 for keeping

and using the Plaintiff car without the knowledge and consent of the Plaintiff since

7/2/2022 to date.

3. Cost of litigation.

The Defendant attended Court on the first three adjournment dates and stopped appearing

in Court on the subsequent adjourned dated despite the fact that Hearing Notices were

served on him personally and by Substituted Service.

Order 1 of the District Court Rules, 2009 (C.I. 59) provides that the rules shall apply to all

civil proceedings in the District Court and shall be interpreted and applied so as to inter alia

achieve speedy and effective justice and avoid delays and unnecessary expense and also

ensure the complete effective and final determination of all matters in dispute.

Also Order 27 rule 1 of C.I. 59 provides that it is the duty of the parties, their lawyers and the

Court to avoid unnecessary adjournments and other delays and ensure that causes or

matters are disposed of as speedy as the justice of the case permits.

The Court relied on the above provisions and ordered the Plaintiff to file his Witness

Statement.

The case of the Plaintiff was that he is the owner of Opel Zafira Vehicle with Registration No.

GE 9247-13 and the Defendant is an Auto mechanic who repairs his (Plaintiff’s) vehicle any

time it develops a fault.

According to the Plaintiff his Opel car had a flat tire so on 7/2/2022 he gave the car to the

Defendant to pump or fix same. He added that the Defendant failed to bring the said car to

him (Plaintiff) for a long time until PW2 Prophet Martin Akutey informed him (Plaintiff) that

he saw the said car parked at Atua Gas filling station. The Plaintiff went to the said Gas

filling station at Atua and saw his Opel car there so he made enquiries from the security

officer as to the Presence of the car at the station. The security officer told him that the car

was brought there by two (2) men who said it had developed a fault and that they would

come for it later. He further stated that he went to the Defendant at his workplace at

Gberkormanya-Somanya and upon enquiry the Defendant told him that the engine of the car

has developed