[2020]DLCA9072May 29, 2020Court of Appeal

J.A. PLANT POOL (GH) LTD vs. ALHAJI MOHAMMED ABASS

POKU- ACHEAMPONG, JA: This is an appeal against a judgment of a Kumasi High Court delivered on 14th November, 2017. The Plaintiff is a Transport Operator and the owner of Yutong bus with registration number GC 4810 Z. The Defendant Company is a Ghanaian Company engaged in the business of plant pool, rentals/leasing of heavy construction Machinery and Equipment, as well as Mining, Forestry, Agriculture, Sanitation, and the authorised dealer in Yutong buses. In this judgment the Plaintiff shall be referred to as the Plaintiff or Respondent and the Defendant as Defendant or Appellant. Plaintiff's case: The Plaintiffs case is that he is a beneficiary of an agreement between the Agricultural Development Bank (ADB) and the Ghana Private Road Transport Union (GPRTU). Under this scheme the GPRTU acquired about 125 Yutong buses from the ADB on credit. The Plaintiff in or around September 2008 was allocated bus Number GC 4810 Z by the bank on credit basis. Plaintiff claim...