[2017]DLSC2630 • July 27, 2017 • Supreme Court •
PYNE & ASSOCIATES vs. AFRICAN MOTORS
The Plaintiffs, a construction company, purchased a brand new Suzuki Vitara XL7 vehicle from the Defendants, a vehicle dealership, for $32,000 in October 2005. The Plaintiffs required a rugged vehicle for extensive travel on difficult terrain. Upon delivery, the vehicle exhibited defects including vibrations due to structural faults, malfunctioning four-wheel drive system, and defective compact disc system. The Plaintiffs claimed these defects breached the contract's implied conditions of fitness and satisfactory quality. Despite repairs by the Defendants under a one-year warranty, the defects persisted. The Plaintiffs returned the vehicle in October 2005, requesting replacement or refund.
read moreDOTSE, JSC:- On the 12th day of July 2017, this court delivered judgment in this case by which we unanimously dismissed the appeal herein lodged by the Plaintiffs /Respondents /Appellants, hereafter referred to as the Plaintiff. We however reserved the reasons for our decision, which we hereby give. RELIEFS CLAIMED BY PLAINTIFFS The Plaintiffs by their amended writ of summons claimed against the Defendants/Appellants/Respondents, hereafter referred to as the Defendants, the following reliefs:- a. Specific damages from loss of profit from inability to use vehicle and continuing loss since October, 2005. b. The difference between the sale value and in the defective condition, or in the alternative (i) $32,000 (ii) Interest on each sum from November 2004 till date of final payment or (iii) Replacement of a brand new vehicle of similar make FACTS OF THE CASE The Plaintiffs, a construction company registered under the laws of Ghana claimed the reliefs referred to supra against t...