ANGELA NEEQUAYE (MRS) vs. UNIVERSAL MOTORS LIMITED.

The Plaintiff, Mrs. Angela Neequaye, purchased a new VW Touareg in 2011 and regularly serviced it at the Defendant's workshop. In June 2015, the vehicle was taken for routine servicing and to check a rattling noise in the engine. The Defendant informed that the engine could not start and had to be pulled down for repairs. The Plaintiff paid GH₵12,000 for parts but the vehicle was not fixed, with further repair costs demanded. The Plaintiff alleged negligence by the Defendant in handling the vehicle and claimed damages for loss of use and replacement value. The Defendant denied negligence, stating the engine problem was pre-existing and that the Plaintiff authorized the engine to be pulled down. The Defendant counterclaimed for unpaid repair costs and sought an order for the Plaintiff to remove the vehicle if unpaid.

i. Introduction/Overview: [1] The Plaintiff, Mrs. Angela Neequaye, purchased a brand new VW Touareg vehicle from the Defendant Company in 2011 at the price of $68,000.00. According to Mrs. Neequaye the vehicle was in a very good condition since it was regularly maintained at the Defendant’s shop. It is the case of the Plaintiff that on or about 10th June 2015, her husband, Robinson Oko Neequaye on her instruction took the vehicle to the Defendant’s workshop in Accra for its regular servicing and a check on a rattling noise in the exhaust. The Plaintiff contends that when the husband went back to collect the vehicle he was informed that the vehicle could not be started and as a result the engine had to be dropped. The Plaintiff contends that the Defendant made a demand of Twenty Three Thousand, Three Hundred and Twenty One Ghana Cedis (GH₵23,321) and Twelve Thousand Ghana Cedis (GH₵12,000) was paid for the purchase of parts to fix the engine. According to the Plaintiff the said...