[2021]DLCA10773 • May 6, 2021 • Court of Appeal
DAVID AMOO-OSAE JNR. vs. RANA MOTORS GHANA LTD.
WELBOURNE, J.A This appeal is against the judgment of the High Court, Commercial Division dated the 25th day of November, 2013. In this appeal, the Plaintiff will be described as the Respondent while the Defendant will be described as the Appellant. The Background: The Respondent issued a Writ of Summons claiming inter alia an order directed at the Appellant Company to deliver to the Respondent a Brand New Kia Cerato Coupe (2011 Model) as a replacement for the Respondent or in the alternative, recovery of the sum of Twenty Thousand, Five Hundred and Fifty US Dollars (US$20,550.00) being the price of the new Kia Cerato Coupe vehicle. The Respondent bought the car, subject to a warranty effective for Five years or 100,000 km from the date of delivery of the vehicle to the Respondent, whichever occured earlier. He used it for a period of time then it developed a fault with the gears. He sent the vehicle to the workshop of the Appellant Company where the car was detained for proper as...