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EDWIN POKU
V.
SILVER STAR AUTO LIMITED & ANOR

(2016) JELR 108260 (HC)

High Court 12 Feb 2016 Ghana
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- Plaintiff, a lawyer, brought a lawsuit against the sole distributor of Mercedes Benz vehicles in Ghana and the manufacturer for various reliefs, including the replacement of a defective car. - Plaintiff claimed that the car he purchased w

Case Details

Suit Number:SUIT NO. BMISC 399/2008
Judges:BARBARA TETTEH-CHARWAY, J
Counsel:CARL ADONGO FOR PLAINTIFF; DANIEL SAGU-OSEI (WITH HIM THERESA ESON BENJAMIN AND SENA EDEKOR) FOR 1ST DEFENDANT. NELSON A. AKONDO (WITH HIM CLETUS BANSON) FOR DAVID ASIEDU FOR 2ND DEFENDANT

JUDGMENT

TETTEH-CHARWAY, J.

BACKGROUND  

Plaintiff, Edwin Poku, a lawyer resident in Kumasi, brought this action  against defendants, Silver Star Auto Ltd, sole distributor of Mercedes Benz  vehicles in Ghana and Daimler Chrysler AG, manufacturer of Mercedes  Benz vehicles, jointly and severally for the following reliefs; 

1. The replacement of Mercedes Benz car E 200 Compressor

2. Damages and interest at the prevailing bank rate 

3. Interest on the amount found to be due to plaintiff at the prevailing  bank rate. 

PLAINTIFF’S CASE 

Plaintiff’s case, as can be gleaned from his statement of claim, is that in  2003, he entered into a contract with defendants for the sale and delivery  of a Mercedes Benz E class 200 to him. At the time of the agreement,  plaintiff claimed that he made defendants aware of the purpose for which  he required the car. According to plaintiff, defendants warranted that the  car was reliable, comfortable, durable and efficient; above all, that it was  superior to…

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