AFRICAN AUTOMOBILE LTD. vs. MITSUBISHI MOTORS CORPORATION

AYEBI J.A. The plaintiff/respondent is a motor company incorporated under the laws of Ghana. Defendant/appellant is a Japanese company which manufactures Mitsubishi brand of Motor Vehicles. Pursuant to a distributorship agreement between them, the plaintiff/respondent had been engaged in the importation, distribution and repair of defendant/appellant’s brand of vehicles in Ghana for a considerable length of time. One of such import by plaintiff/respondent from the defendant/appellant involved the Mitsubishi Pajero model mounted with an engine code named 4M40. The said engine type had serious defects which the plaintiff/respondent brought to the attention of the defendant/appellant. It is the case of the plaintiff/respondent that the defendant/appellant acknowledged the defect in the engines but all the corrective remedies prescribed by them failed. And after persistent pressure, the defendant/appellant assured that plaintiff/respondent will be compensated for whatever cost she in.....