LINDA KOOMSON
V.
RANA MOTORS

(2017) JELR 108633 (HC)    
High Court  ·  SUIT NO. AC/442/2012 ·  29 Nov 2017 ·  Ghana
CORAM
K. A. GYIMAH
Core Terms Beta
defendant
plaintiff
vehicle
evidence
exhibit
bill of exchange
credit sale agreement
flood
defendant’s premises
said vehicle
supreme court
act of god
ownership rights
rain water
burden of proof
issues
name of the plaintiff
said floods
breach of contract
defendant company
following reliefs
part payment
plaintiff’s case
15th october
early morning hours of 26th october
effects of a countermand
exhibit b
exhibit c
following exhibits
following issues
full payment of the car
general damages
good condition
kia sportage sl-lx vehicle
payment of the replacement value of plaintiff
physical cause
plaintiff’s car
provisions of the credit sale agreement
pursuance of the sale
said repairs
such damages
sufficient evidence
terms of the credit sale agreement
test drive

J U D G M E N T 

Background 

The plaintiff who describes herself as a business executive entered into an agreement  to purchase a Kia Sportage SL-LX vehicle from the defendant at a cost of  US$28,700.00. The plaintiff made part payment for the vehicle and gave six monthly  post-dated cheques to the tune of US$2,383.00 each for the remainder of the purchase  price. In pursuance of the sale, the parties entered into a Credit Sale Agreement  (Exhibit A) under which the vehicle was registered in the name of the defendant  company, insured in the name of the plaintiff but with the benefit of the insurance  going to the defendant company and ownership retained in the defendant company  until the fulfilment of all financial obligations by the plaintiff to the defendant  company. The defendant handed over the vehicle to the plaintiff on 6th July 2011. 

On 15th October 2011, the vehicle, whilst being driven by the plaintiff, had an accident  and the plaintiff submitted it for repairs to be done …

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