[2022]DLHC17044 • December 15, 2022 • High Court
FAFAPE AMA ETSA FOE--PLAINTIFFS/RESPONDENT AND THYWILL BUSINESS & INVESTMENT CONSUL LTD vs. Z-AUTO TRADE GH. LTD AND JOSEPHINE MONNIE
The plaintiffs, including a businessman and director of a company, purchased a brand new Toyota Land Cruiser from the first defendant, a dealer in brand new cars. The vehicle was imported in the name of the second defendant. Shortly after purchase, the plaintiffs discovered the vehicle emitted thick black smoke and had engine defects. Despite servicing the vehicle earlier than recommended, the defects persisted. The plaintiffs sought replacement of the vehicle or engine and damages for breach of warranty.
read moreJUDGMENT ADJEI, J.A The Plaintiffs sued the Defendants in the High Court to claim, inter alia, a declaration that the Defendants have breached the warranty agreement in respect of a vehicle she bought from the Defendants; an order for replacement of the vehicle; and general and special damages emanating from the breach of the warranty. The High Court on 30th March, 2020 delivered final judgment and held that the Defendants had breached the implied warranty between the Defendants and the Plaintiffs with regards to the vehicle that the Defendants sold to the Plaintiff as a brand-new vehicle with a defective engine and further awarded general damages of GH¢20,000.00. Both parties were dissatisfied with the judgment, and each of them filed an appeal against same. The 1st Defendant/Appellant filed its notice of appeal against the judgment on 27th April, 2020. The Plaintiff/Appellant also filed her notice of appeal against the judgment on 12th June, 2020 without stating whethe...