[1980]DLHC2143 • November 26, 1980 • High Court
JAPAN MOTORS TRADING CO., LTD. vs. RANDOLPH MOTORS LTD.
The plaintiffs, motor dealers, agreed to sell their motor workshop property to Mr. Jonas Kwamina Randolph for ¢122,000, payable within three months. Due to delays in payment, Randolph formed a limited liability company, the defendant, which took over the contract via a deed of conveyance. The defendant paid part of the purchase price but defaulted on the balance. The plaintiffs claimed the outstanding balance plus interest. The defendant counterclaimed alleging fraudulent misrepresentation of the property's value and sought rescission or damages. The plaintiffs also failed to supply all agreed 'chattels and things' except a service lift, leading to disputes over value and damages for delayed possession.
read moreJUDGMENT OF ABBAN J. The claim of the plaintiffs is for ¢14,620. The amount is made up of the balance of purchase price of ¢12,920 plus interest of ¢1,700. The parties are motor dealers. In or about October 1970, the plaintiffs intending to sell their motor workshop consisting of showrooms, spare parts store, parking space, office machinery and equipment all situated at house No. C.920/3, Asylum Down, Accra, entered into negotiations with one Mr. Jonas Kwamina Randol who was interested in the said property. The negotiations ended up in the signing of the deed of agreement, exhibit A, between the plaintiffs on one hand and the said Mr. Jonas Kwamina Randolph on the other hand. The agreement was dated 15 October 1970. The purchase price agreed upon and which was to be paid by Mr. Randolph within three months from 15 October 1970 was ¢122,000. At the time of the agreement, the plaintiffs were in the process of putting up another motor workshop at the Industrial Area of Accra and ...