[2018]DLHC3293 • October 15, 2018 • High Court
AUTO PLAZA LTD vs. KENPONG COMMUNICATIONS
Plaintiff, a vehicle dealership company, claimed that Defendant purchased multiple Hyundai vehicles on credit between October 2013 and January 2014. Defendant made partial payments and issued postdated cheques which were dishonoured upon presentation. Plaintiff sought recovery of the outstanding balance of US$165,700.44 plus interest and costs. Defendant denied the claims and counterclaimed alleging latent manufacturer defects in the vehicles, breach of contract by Plaintiff, and sought rectification or replacement of the vehicles, general damages, and costs.
read morePlaintiff claims the reliefs endorsed on its amended writ issued against the Defendant: a. An order for the recovery of US$165,700.44 being the total balance owed by Defendant to Plaintiff as at 31/10/16 b. Interest on the amount of at the agreed rate of 5% from 31/10/16 till date of final payment c. Cost. Plaintiff, a company whose principal business is in dealing in vehicles and its parts claim that the Defendant engaged her in a business relationship relating to the purchase of various vehicles. The first encounter recounted by Plaintiff as gleaned from the statement of claim is that on the 3rd of October, 2013 Defendant purchased a Hyndai Accent at a cost of US$18,000.00 on credit in addition to two Hyndai i10 also at a total cost of US$22,000.00 also on credit. That Defendant made a part payment of US$18,000.00 leaving a balance of US$22,000.00 and a further payment of US$2,000.00 and postdated cheques issued by defendant to cover the outstanding amount of US$20,000.00. T...