CHRISPOD LIMITED
V.
WESTERN AUTOMOBILE CENTER LIMITED

(2017) JELR 107995 (HC)    
High Court  ·  SUIT NO. AC 612/2013 ·  28 Feb 2017 ·  Ghana
CORAM
JUSTICE PATIENCE MILLS-TETTEH (MRS)
Core Terms Beta
plaintiff
defendant
vehicle
police
case of the defendant
purchase agreement
summary judgment
default penalty
delivery date
delivery of the vehicle
hearing notice
motor vehicle
police intervention
recovery of the sum of us
statement of claim
transfer of ownership
actual fact
agreed price
basic issue
case of the plaintiff
civil case
civil courts
contract of sale
cross examination
date of final payment
entire documents
entire issue
evidence act
facts of this case
late delivery
mr. chris kpodo m
new date of delivery of the vehicle
new set date of 20th june
normal course
own resolve
party default
police report
police report exhibit 7b page
police station
precise orders of the court
purchase price
renegotiated terms
said sum of us
settlement of the dispute
suspect brutus anto mensah
unit lexus lx
unsatisfactory issues
written address

JUDGMENT 

The plaintiff herein has taken the position that his contract of sale and  purchase agreement with the defendant could not be renegotiated ex  post facto even though she has conducted herself otherwise and  complied with all the renegotiated terms which occurred after the  initial delivery date of the subject matter of the agreement was  breached and police has intervened to settle the matter. 

Briefly the facts of this case are that the parties herein entered into a  sales and purchase agreement on the 30th January 2013. By the  agreement, the defendant was to sell to the plaintiff one unit Lexus LX  570 2013 model at an agreed price of $160,000.00. Under the terms of  the agreement the plaintiff was to pay $120,000.00 of the purchase  price as deposit and pay the difference on the delivery of the vehicle.  The delivery date was 31st March 2013. It was also agreed that either  party shall pay to the other an equivalent of 10% of the purchase price should either party default…

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