YAW OWUSU BREFO vs. MECHANICAL LLOYD CO. LTD [2018]DLCA6200

Date	2018-11-22
Suit No.	SUIT NO. H1/132/18
Citation No.	[2018]DLCA6200

K. A. ACQUAYE JA (Presiding)

BARBARA ACKAH-YENSU JA

TANKO AMADU JA

MR. PETER ZWENNES FOR DEFENDANT/APPELLANT

MR. PETER OSEI ASAMOAH FOR THE PLAINTIFF/RESPONDENTS

[2018]DLCA6200
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													<main id="main" class="content" style="min-height: 60rem" >YAW OWUSU BREFO&nbsp; <o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>MECHANICAL LLOYD CO. LTD
<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO. H1/132/18&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 22ND NOVEMBER, 2018 <o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
PETER ZWENNES FOR DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
PETER OSEI ASAMOAH FOR THE PLAINTIFF/RESPONDENTS<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>K.
A. ACQUAYE JA (Presiding), BARBARA ACKAH-YENSU JA, TANKO AMADU JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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</div>BARBARA
ACKAH-YENSU, JA<o:p></o:p>In this appeal against the judgment of the High Court (General
Jurisdiction) Accra delivered on 21st December 2016, the
Defendant/Appellant (alternately referred to as the Defendant, or the
Appellant) prays that the judgment of the court below be set aside and the
Plaintiff/Respondent’s (referred to alternately as the Plaintiff, or the Respondent)
application for summary judgment be accordingly dismissed.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff’s claim against the Defendant at the court below was for
the sum of US$11,912 or its cedi forex buying equivalent being the sum of money
spent by Plaintiff in renting a vehicle from 4th June 2015 to 16th
October 2015, together with interest at the commercial bank lending rate from
16th October 2015 until date of final judgment.&nbsp; Plaintiff also claimed general damages and
costs.<o:p></o:p><o:p>&nbsp;</o:p>The facts giving rise to the suit are pretty simple.&nbsp; The Plaintiff was the owner of Ford Mondeo
saloon car with registration number GE 6132-12. The Defendant is a registered automobile
company and holds franchises in various automobiles including Ford and BMW
vehicles. By virtue of the franchise it holds in Ford vehicles Defendant is
authorized to carry out maintenance and after sales services on Ford vehicles
in Ghana.<o:p></o:p><o:p>&nbsp;</o:p>On or about 1st June 2015, the Plaintiff sent his vehicle to
the Defendant’s workshop at South Industrial Area, Accra for servicing of the
air conditioning system. The Parties agreed that the Plaintiff would pick up his
vehicle the same day, however, the Plaintiff was asked to pick up his vehicle
on 3rd June 2015 since the job was not completed.&nbsp; The vehicle was still not ready as of 3rd
June 2015. Later the same day there were heavy rains in Accra and several
places were flooded, including the Defendant’s premises. Plaintiff’s vehicle
was affected and thus was eventually returned to him on 16th October
2015. <o:p></o:p><o:p>&nbsp;</o:p>In his Statement of Claim, Plaintiff alleged that after 3rd
June 2015, he was unable to contact the office of the Plaintiff in spite of
various efforts, including numerous phone calls which were neither answered nor
returned, and a personal visit to the offices of the Defendant on 8th
June 2015 he found out that the offices were closed to the public.&nbsp; Plaintiff was informed by a phone call from
the Defendant on 30th June 2015 that his vehicle had been damaged as
a result of the floods caused by the heavy rains on 3rd June 2015. Plaintiff
averred that in a letter to the Defendant dated 14th July 2015,
Defendant was made aware of the fact that they would have to reimburse him with
the vehicle rental expenses when his vehicle was finally returned to him. As
aforesaid Plaintiff’s vehicle was returned to him on 16th October
2015.&nbsp; Thereafter, on 25th
November 2015, Plaintiff caused his Solicitors to demand from the Defendant the
sum of US$11,912 being the total amount spent on the rental of a vehicle from 4th
June to 16th October, 2015.<o:p></o:p><o:p>&nbsp;</o:p>