DENNIS ADJEI, J.A.
This appeal is against the judgment of the High Court (Commercial Division) Accra which was delivered on 12 th December, 2008. The brief facts of the case are that Defendant/Appellant herein (who shall be referred to in the instant appeal as the Defendant) sold Suzuki Vitara XL Nos. GE 2864V to the Plaintiff/Respondent (who shall be referred to as the Plaintiff) for US$ 32,000.00. It was a brand new Suzuki Vitara. The Plaintiff bought the Suzuki from the Defendant through the Plaintiff’s bankers, prudential Bank.
The vehicle was delivered to the Plaintiff by the Defendant on 22nd November, 2004. On 11th October, 2005, the Plaintiff wrote to the Defendant to complain about the defects it had noticed in the vehicle. The Plaintiff was of the opinion that it was unusual for a new vehicle to have the said faults during its first year of manufacture and was therefore returning it to the Defendant for replacement. The Plaintiff sent the vehicle to the Defendant’s garage and …