JUDGMENT
1.0 INTRODUCTION
1.1. The plaintiff sold slightly used two combined harvesters to the defendant and the defendant failed to pay for the purchase price on grounds that the machines were faulty and not fit for purpose.
1.2. On 7th June 2024, the plaintiff instituted this action for the enforcement of the contract between the parties or in the alternative recovery of the cost of the combined harvesters. On 18th June 2024 the plaintiff amended the writ of summons as of right. The reliefs the plaintiff is seeking in the amended writ of summons are as follows:
2.0. AMENDED WRIT OF SUMMONS
A declaration that the contract between the plaintiff and the defendant dated 21/10/2023 constituted a valid contract.
An order for judicial sale of house on Plot No. 275 BLK B Yapalsi Residential Area Extension and any other property of the defendant used as collateral for the purchase of the two Home Used Combined harvesters by an agreement dated 21/10/2023. IN THE ALTERNATIVE An order for the recove…