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JUDGMENT
JUDGMENT
INTRODUCTION
1. This judgment relates to contract.
2. The plaintiff herein is a retired civil servant while the defendant is a dealer in
tricycles, motorbikes, bicycles and spare parts. On 9
th November, 2022 the plaintiff
instituted this action against the defendant for the following reliefs:
a. A full recovery of the amount of GHS29,500.00 being money plaintiff
deposited with defendant as cost of tricycle from 22nd November, 2021 to
22nd July, 2022 after which the defendant has failed to release the tricycle,
despite several demands.
b. Interest on the principal amount of GHS29,500.00 at the prevailing bank
rate from 22nd November, 2021 till date of final payment.
c. Damages for breach of contract.
d. Costs.”
3. On 18th November, 2022 the defendant pleaded not liable to plaintiff’s claim. The
parties were encouraged to settle, but they returned that they were unable to settle.
Parties were, therefore, ordered to file their respective witness statements.
4. The respective cases of the parties herein are detailed below.
PLAINTIFF’S CASE
5. According to the plaintiff, she approached the defendant to purchase a new tricycle
and was made to pay GHS29,500.00 by installment from 22/11/21 to 22/07/22. She
added that she was issued a receipt for each payment and the outstanding balance
was stated on the receipt. She tendered in evidence copies of the receipts as Exhibits
A series. Upon completing payment, plaintiff contended that defendant demanded
for her personal details for registration of the tricycle, but defendant failed to deliver
the tricycle to her. Plaintiff added that upon several demands the defendant offered
an old tricycle and tried to convince her to accept same, but she rejected it and
demanded for her new tricycle. Then the defendant assured her that new goods were
coming from Aflao, so plaintiff should wait. Plaintiff stated that defendant did not
carry through his promise. Again, defendant indicated that new goods were coming
from Bolga, Togo and other places, so plaintiff to exercise patience. Yet, the defendant
failed to deliver the new tricycle or return the amount paid. Hence, this present action.
DEFENDANT’S CASE
6. Defendant, on his part, testified to the effect that by virtue of his trade, plaintiff
approached him for a Baja Tricycle which costed GHS16,500.00 as at November, 2021.
He stated that the plaintiff could not pay outright cash so parties agreed on
installment payments. He stat