[2018]DLHC9084July 30, 2018High Court

DR. CHARLES KWABENA ADU POKU vs. RANA MOTORS & METAL WORKS ENG. CO.

Plaintiff, a medical doctor, purchased a brand new KIA Mohave vehicle from Defendant, a limited liability company engaged in automobile business. Plaintiff complied with maintenance schedules but after routine servicing in March 2015 at Defendant's workshop, the vehicle developed starting and gear-shifting problems. Plaintiff alleged Defendant's premises were flooded during servicing, damaging the vehicle's electrical parts. Despite repairs and multiple returns to Defendant's workshop, problems persisted, leading Plaintiff to claim negligence and breach of contract, seeking replacement or refund and damages.

read more

The Plaintiff is a medical doctor ordinarily resident in Kumasi while the Defendant is a limited liability company engaged in automobile business. It is the case of the Plaintiff that sometime in the year 2011 he bought a brand new KIA Mohave DSL vehicle with registration number, GS 9229-11, referred to hereinafter as the “Vehicle” from the Defendant at a cost of fifty thousand, two hundred and twenty United States Dollars (US$50,220.00). He alleges that from the date of the said transaction he strictly complied with the maintenance schedules provided in the Defendant’s manual. According to the Plaintiff on March 20, 2015, he sent the Vehicle to the Defendant’s workshop for routine servicing which the Defendant could not complete on the same day. He therefore followed up with a telephone call to enquire about the status of the Vehicle on March 23, 2015, where upon a representative of the Defendant informed him that the servicing could not be undertaken because the Defendant’...