KOJO KOOMSON vs. DE SIMONE LTD

FACTS For purposes of this judgment it would be necessary only to state the bare antecedents giving rise to the Plaintiff’s action. On the 20th of February 2018 following a road traffic accident along the Anomabu-Cape Coast motor road, involving Chrysler Salon Vehicle with registration no. SBA K IX said to belong to the Plaintiff and Man Diesel Truck with registration no. GN 358-10 said to belong to the Defendant, the Defendant, through a representative, executed an Undertaking by which the Defendant undertook to repair the Plaintiff’s said vehicle afore-mentioned. Following some disagreements with regards to the nature of the actual repair works to be effected on the Plaintiff’s said vehicle afore-mentioned, the Defendant neglected to have the said vehicle repaired as previously agreed, and as at the time of the institution of the instant action, the said vehicle remained in a state of disrepair, having been abandoned to the mercies and perils of the weather at a mechan...