Ratio Decidendi



HOTEL GEORGIA LTD
V.
SILVER STAR AUTO LTD

(2010) JELR 65470 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/127/2010 ·  2 Dec 2010 ·  Ghana
CORAM
QUAYE J.A. (PRESIDING), OFOE J.A., ACQUAYE J.A.

Ratio Decidendi

Core Terms Beta
car
evidence
appellants
respondents
trial judge
learned trial judge
sale of goods act
trial court
reasonable time
cross examination
purchase price
appellant's workshop
delivery of the vehicle
following day
high court
mr paul
new car
noise of the car
respondent company
2nd witness
above holdings
auto mechanic
basic knowledge
battery sign
delivery of the car
engine of this make of car
engine vibration
exhibit ce
final judgment
grounds of appeal
job-card
latent manufacturer's defect
loss of use
lot of faults
make of car
managing director of the respondent company
omnibus service authority
reason of the latent defect
reason of the wrongful sale of the defective brand
relevant findings of fact
said vehicle
second visit
state of the art vehicle
subject matter
true state of the car
undisputed facts of this case
work pedigree
year of the taking delivery of the car
years experience

JUDGEMENT

Quaye, J. A.

The undisputed facts of this case are that upon an order from the respondents, in May 2004, the appellants sold, and the respondents took delivery of, what was purported to be one brand new Mercedes Benz E240 Avant-garde vehicle on 1st October 2004. The respondent had meanwhile paid the purchase price of £58.500 (Fifty-eight Thousand Five Hundred Euros) in full to the appellants by 29th September 2004. After the respondents had taken delivery of the vehicle aforesaid, there was a hiatus in communication between the parties extending from the date of delivery until 8th March 2006 when the respondents presented the vehicle to the appellants to repair damages resulting from an accident. In all of its life, the vehicle was sent to the appellant's workshop on three occasions. The second visit was on 8th June 2006, while the third and last visit was on 14th September 2006. Just over one week after the last visit, the car was being driven to Kumasi and while it was appro…

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