YAW OWUSU BREFO v. MECHANICAL LLOYD CO. LTD
2018
COURT OF APPEAL
GHANA
CORAM
- K. A. Acquaye JA (Presiding)
- Barbara Acka-Yensu JA
- Tanko Amadu JA
Areas of Law
- Civil Procedure
- Contract Law
- Tort Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff's request for reimbursement for car rental due to delays in car service by the Defendant was initially granted via summary judgment. However, on appeal, it was held that the trial judge erred as there were triable issues regarding the Defendant's liability. Furthermore, the technical defect in the Plaintiff's Writ was cured by the accompanying Statement of Claim. Consequently, the summary judgment was overturned, and the case was remitted for further proceedings.
JUDGMENT
BARBARA ACKAH-YENSU, JA
In this appeal against the judgment of the High Court (General Jurisdiction) Accra delivered on 21st December 2016, the Defendant/Appellant (alternately referred to as the Defendant, or the Appellant) prays that the judgment of the court below be set aside and the Plaintiff/Respondent’s (referred to alternately as the Plaintiff, or the Respondent) application for summary judgment be accordingly dismissed.
The Plaintiff’s claim against the Defendant at the court below was for the sum of US$11,912 or its cedi forex buying equivalent being the sum of money spent by Plaintiff in renting a vehicle from 4th June 2015 to 16th October 2015, together with interest at the commercial bank lending rate from 16th October 2015 until date of final judgment. Plaintiff also claimed general damages and costs.
The facts giving rise to the suit are pretty simple. The Plaintiff was the owner of Ford Mondeo saloon car with registration number GE 6132-12. The Defendant is a registered automobile company and holds franchises in various automobiles including Ford and BMW vehicles. By virtue of the franchise it holds in Ford vehicles Defendant is authorized to carry out maintenance and after sales services on Ford vehicles in Ghana.
On or about 1st June 2015, the Plaintiff sent his vehicle to the Defendant’s workshop at South Industrial Area, Accra for servicing of the air conditioning system. The Parties agreed that the Plaintiff would pick up his vehicle the same day, however, the Plaintiff was asked to pick up his vehicle on 3rd June 2015 since the job was not completed. The vehicle was still not ready as of 3rd June 2015. Later the same day there were heavy rains in Accra and several places were flooded, including the Defendant’s premises. Plaintiff’s vehicle was affected and thus was eventually returned to him on 16th October 2015.
In his Statement of Claim, Plaintiff alleged that after 3rd June 2015, he was unable to contact the office of the Plaintiff in spite of various efforts, including numerous phone calls which were neither answered nor returned, and a personal visit to the offices of the Defendant on 8th June 2015 he found out that the offices were closed to the public. Plaintiff was informed by a phone call from the Defendant on 30th June 2015 that his vehicle had been damaged as a result of the floods caused by the heavy rains on 3rd June 2015. Plaintiff averred that in a letter to the Defendant dated 14th July 2015, Defendant w