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LINDA KOOMSON
V.
RANA MOTORS

(2017) JELR 108633 (HC)

High Court 29 Nov 2017 Ghana
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- The plaintiff, a business executive, entered into a Credit Sale Agreement with the defendant to purchase a Kia Sportage SL-LX vehicle for US$28,700.00. The plaintiff made a part payment and issued six monthly post-dated cheques for the re

Case Details

Suit Number:SUIT NO. AC/442/2012
Judges:K. A. GYIMAH
Counsel:EMELIA FEBRI ASIEDU ATTOH WITH OSEI-TUTU NKWANTABISAH FOR PLAINTIFF; JONATHAN SARBLAH FOR DEFENDANT.

JUDGMENT

GYIMAH, J.

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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