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AFRICAN AUTOMOBILE LTD.
V.
MITSUBISHI MOTORS CORPORATION

(2011) JELR 65530 (CA)

Court of Appeal 15 Dec 2011 Ghana
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- The plaintiff is a motor company incorporated in Ghana and the defendant is a Japanese company that manufactures Mitsubishi vehicles. - The plaintiff had been importing, distributing, and repairing Mitsubishi vehicles in Ghana under a dis

Case Details

Suit Number:CIVIL APPEAL NO.: H1/197/2011
Judges:HENRIETTA ABBAN J.A. (PRESIDING), F. KUSI-APPIAH J.A., AYEBI J.A.
Counsel:MR. K. K. SEY FOR THE DEFT/APPELLANT ,MR. K. ADDO ATUAH FOR THE PLT/RESPONDENT

JUDGMENT

AYEBI J.A.

The plaintiff/respondent is a motor company incorporated under the laws of Ghana. Defendant/appellant is a Japanese company which manufactures Mitsubishi brand of Motor Vehicles. Pursuant to a distributorship agreement between them, the plaintiff/respondent had been engaged in the importation, distribution and repair of defendant/appellant’s brand of vehicles in Ghana for a considerable length of time.

One of such import by plaintiff/respondent from the defendant/appellant involved the Mitsubishi Pajero model mounted with an engine code named 4M40. The said engine type had serious defects which the plaintiff/respondent brought to the attention of the defendant/appellant. It is the case of the plaintiff/respondent that the defendant/appellant acknowledged the defect in the engines but all the corrective remedies prescribed by them failed. And after persistent pressure, the defendant/appellant assured that plaintiff/respondent will be compensated for whatever cost she i…

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