(1989) JELR 65735 (HC)    
High Court  ·  28 Jan 1989 ·  Ghana
Other Citations
[1989-90] 1 GLR 207
Core Terms Beta
gear box
case of the defendant
exhibit a
statement of defence
case of the plaintiff
commercial purposes
due course
plaintiff’s action
said bedford engine
above ground
balance of the purchase price of a bedford engine h
benz car
better view
breach of an agreement
date of payment
evidence exhibits
fuel pump
knowledge of the plaintiff
lamptey j.
leave of the court
legal action
mode of payment of the agreed purchase price
new oil pump
nii ashitey armah
obligations of the parties
oil pump
particulars of the fraudulent misrepresentation
physical examination
presence of the defendant
purchaser fail
question of fact
reasonable time
return of the bedford vehicle
rival claims of the parties
said amount
said credit sale agreement
said engine
said engines
sales transaction
statement of claim
subject matter
subsequent state of the car
support of the above statements
written agreement

LAMPTEY J.: In this action the plaintiff, Nii Ashitey Armah, claimed against the defendant, Asare Baffour, “the sum of ¢50,000 damages for breach of an agreement and the recovery of ¢200,000 or the return of the Bedford vehicle to the plaintiff.” In due course the plaintiff with leave of the court amended the indorsement on the writ of summons and claimed as follows:

“(a) recovery of the sum of ¢180,000 being the balance of the purchase price of a Bedford engine H/P 500 together with a gear box sold and delivered to the defendant at his request and which he has failed to pay for despite repeated demands; (b) interest on the said amount at the current bank rate from February 1986 to the date of payment; and (c) damages.”

The defendant resisted the plaintiff’s action on the ground that he was deceived by the plaintiff into entering into that sales transaction. The statement of defence at paragraph 2 was as follows:

“2. The defendant admits paragraphs 3, 4 and 5 of the statement of claim bu…

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