EDWIN POKU vs SILVER STAR AUTO LIMITED, DAIMLER CHRYSLER AG.

JUDGMENT Plaintiff, Edwin Poku, a lawyer resident in Kumasi, brought this action against defendants, Silver Star Auto Ltd, sole distributor of Mercedes Benz vehicles in Ghana and Daimler Chrysler AG, manufacturer of Mercedes Benz vehicles, jointly and severally for the following reliefs; 1. The replacement of Mercedes Benz car E 200 Compressor 2. Damages and interest at the prevailing bank rate 3. Interest on the amount found to be due to plaintiff at the prevailing bank rate. PLAINTIFF’S CASE Plaintiff’s case, as can be gleaned from his statement of claim, is that in 2003, he entered into a contract with defendants for the sale and delivery of a Mercedes Benz E class 200 to him. At the time of the agreement, plaintiff claimed that he made defendants aware of the purpose for which he required the car. According to plaintiff, defendants warranted that the car was reliable, comfortable, durable and efficient; above all, that it was superior to others. In the alternat...