G.A. SARPONG & CO.
V.
SILVER STAR AUTO LIMITED

(2014) JELR 68672 (SC)

Supreme Court 15 Jan 2014 Ghana
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- Supreme Court restored the High Court’s order granting the appellant a brand new Mercedes Benz E-Class as replacement for a defective vehicle, holding that a latent manufacturer’s defect constituted a breach of condition under the Sale of

Case Details

Suit Number:CIVIL APPEAL NO. J4/43/2013
Judges:ANSAH JSC PRESIDING, OWUSU (MS) JSC, YEBOAH JSC, BONNIE JSC, AKAMBA JSC
Counsel:J. OPOKU BOATENG FOR THE PLAINTIFF/RESPONDENT/ APPELLANT; KIZITO BEYUO WITH HIM NAA ODOFOLEY NORTEY FOR THE DEFENDANT /APPELLANT/RESPONDENT.

ANSAH, JSC

Facts of the case.

The plaintiff/respondent/appellant, (hereinafter referred to as the plaintiff), a Firm of Legal Practitioners and Consultants elected to buy a brand new C180 Mercedes Benz Salon car from the defendant/appellant/respondent (hereinafter called “the respondent”) in February 2007. The car was bought under a 2 year unlimited warranty. Five months into acquiring the C- 180 Benz, the head gasket cracked. It was agreed between the appellant’s officers and the respondent’s officers that the appellant surrender the C- 180 Benz for another brand new E-Class Benz after paying Euros 15,000 to the respondent subject to a 2 year unlimited warranty. The E-Class Mercedes Benz Saloon car with Registration Number GN 2266Y is the subject matter of this Appeal.

In May, 2008, the car suddenly stopped in the middle of the road on a rainy day at East Legon, and appellant’s officer notified respondent whose agents subsequently towed the car to respondent’s workshop for repairs. The …

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