[2022]DLSC11730 • May 31, 2022 • High Court
MAHOB HOLDING COMPANY LIMITED vs SILVERSTAR AUTO LIMITED &DAIMLER CHRYSLER AG
Plaintiff purchased a new Mercedes Benz ML 300 CDI from 1st Defendant for €50,000. Within months, the vehicle developed multiple faults including excessive engine oil consumption, engine stalling, ABS malfunctions, suspension noise, and defective horn. Plaintiff sent the vehicle repeatedly to 1st Defendant for repairs under warranty. Plaintiff claimed the vehicle was defective at sale and sought replacement, damages, and interest. 1st Defendant denied latent defects, attributing faults to normal wear and tear and improper servicing intervals. 2nd Defendant, manufacturer, denied contractual relationship with Plaintiff.
read morei. Introduction: [1] This dispute is about alleged deficiencies with a Mercedes Benz ML 300 CDI manufactured by the 2nd Defendant and distributed by the 1st Defendant. The Plaintiff Company through its Chief Executive Officer, purchased a new Mercedes Benz ML 300 CDI at a cost of Fifty Thousand Euros (€50,000.00) from the 1st Defendant which sells Mercedes Benz vehicles in Ghana. The Plaintiff says barely five months after purchasing the new vehicle it was sent to the 1st Defendant to check the engine and to rectify “Excessive Engine Oil Consumption”. The Plaintiff further contends that within a short period after the purchase, the vehicle was sent to the 1st Defendant to first carry out tests on the vehicle because it stopped in the middle of the road and could not move and also check suspension noise and defective horn among other issues. [2] It is the case of the Plaintiff that there were many defects which could not have been detected before the purchase even though the...