JOSEPH ACUMBURO vs. MOHAMMED ZIBLIM [2019]DLHC8179

Date	2019-02-11
Suit No.	SUIT NO. C2/62/2016
Citation No.	[2019]DLHC8179

HIS LORDSHIP JUSTICE JACOB B. BOON

NICHOLAS SOYIRI FOR THE PLAINTIFF

LAWAL TAHIRU FOR THE DEFENDANT

[2019]DLHC8179
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													<main id="main" class="content" style="min-height: 60rem" >JOSEPH ACUMBURO<o:p></o:p>vs.<o:p></o:p>MOHAMMED ZIBLIM<o:p></o:p>[HIGH COURT,
BOLGATANGA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. C2/62/2016&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: 11TH
FEBRUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>NICHOLAS SOYIRI FOR THE PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

LAWAL TAHIRU FOR THE DEFENDANT<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HIS
LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>The wrangling between the parties
in this suit is over a DAF 95 Tipper Truck with registration number GN 516-14.
The vehicle was acquired by the plaintiff through the defendant, a worker with
the Bolgatanga office of Volta River Authority, and who, according to the
plaintiff, also sells vehicles. The plaintiff described himself as a public
servant who works with the Presbyterian Education Unit of the Ghana Education
Service, and also stationed in Bolgatanga.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff paid a total
amount of Sixty-two thousand Ghana cedis (GH¢62,000.00), being the purchase
price of the vehicle, to the defendant. The defendant alleged he represented
one Tanko Osman, described by the defendant as the original owner, and seller
of the vehicle to the plaintiff. Defendant averred that the plaintiff was
introduced to him by a friend known as Nii Larkai who informed him plaintiff
was interested in acquiring a tipper truck. Nii Larkai gave evidence for the plaintiff
at the trial, and will be referred to hereafter as PW1. It is the case of the defendant
that he played no role in the negotiations between plaintiff and Tanko &nbsp;Osman when the two agreed on the purchase
price of GH¢62,000.00 for the tipper truck, except the payment was made through
him to Tanko Osman from whom the defendant said he had earlier purchased a car
for his personal use.<o:p></o:p><o:p>&nbsp;</o:p>The case of the plaintiff
is that it was the defendant, and not Tanko Osman, who sold the vehicle to him because,
in every respect, he dealt with the defendant. His further case is that in
2013, he went to the shop of PW1 and met the defendant who was introduced to
him by PW1 as a dealer in vehicles. Plaintiff said he expressed interest in
buying a DAF tipper truck to be used in sand winning business. He said the defendant
told him he could be of assistance in that regard, and there and then, he
showed him and PW1, pictures of several vehicles he put up for sale in his ipad.
PW1 corroborated plaintiff’s &nbsp;story thus
far and added that from the pictures shown to them by the defendant, the plaintiff
chose the disputed vehicle whereupon the defendant and plaintiff negotiated and
arrived at the purchase price of GH¢62,000.00 aforementioned. This assertion is
contrary to the case of the defendant that he played no role in the negotiations
leading to fixing of the purchase price, insisting that was a matter solely
brokered between the plaintiff and Tanko Osman, who allegedly sold the vehicle
to the plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>To underpin the assertion
that it was the defendant who sold the vehicle to him, plaintiff emphasized
that the payments were made in the name of the defendant through his account
with the Agricultural Development Bank, Bolgtanga branch.&nbsp; His case as, regarding the mode of payment,
is stated in paragraphs 9-17 of his witness statement as follows:-<o:p></o:p><o:p>&nbsp;</o:p>9. As part of
the terms of our agreement I was supposed to make an initial upfront payment of
half of the purchase price of the vehicle with the remaining amount to be paid
upon delivery of the vehicle.<o:p></o:p><o:p>&nbsp;</o:p>10.
A cheque drawn from my Agricultural Development Bank, Bolgatanga Branch Account
Number 9011000053678201 covering an amount of Thirty Thousand (GH¢30,000.00)
was paid by me to the Defendant as initial deposit for the vehicle and the said
amount was debited to my account on 13th December, 2013.<o:p></o:p><o:p>&nbsp;</o:p>11.
The Defendant delivered a DAF 95 Tipper Truck with registration number GN516-14
to me after I had made the initial deposit of Thirty Thousand Ghana Cedis
(GH¢30,000.00).<o:p></o:p><o:p>&nbsp;</o:p>12.
Subsequently, I issued another cheque drawn from my Agricultural Development
Bank, Bolgatanga Branch Account Number 9011000053678201 covering an amount of
Twenty Eight Thousand Ghana Cedis (GH¢28,000.00) and written in Defendant’s
name which was debited to my account on 10th January, 2014.<o:p></o:p><o:p>&nbsp;</o:p>13.The
defendant demanded that I should pay an amount of Two Thousand Seven Hundred
and Fifty (GH¢2,750.00) as cost of fuel, tyres and incidental expenses in
bringing the vehicle to me in addition to the outstanding balance of Four
Thousand Ghana Cedis (GH¢4,000.00).<o:p></o:p><o:p>&nbsp;</o:p></s</main>