SENEDZA
V.
DJOKOTOE

(1988) JELR 69687 (HC)    
High Court  ·  30 Dec 1988 ·  Ghana
 · 
Other Citations
[1991] 2 GLR 81
CORAM
BENIN J.
Core Terms Beta
defendant
plaintiff
vehicle
mechanic
repairs
interest
evidence
exhibit b
police station
breach of the agreement
wrong thing
commercial lines
commercial purposes
engine block
evidence of the plaintiff
good condition
official assignee
particulars of fraud
plaintiff’s claim
plaintiff’s fraud
statement of defence
absence of any serious challenge
award costs
bailee fails
brief facts of this case
clear indication
close friend of the defendant
cost of new piston
engine fault
evidence decree
final settlement
following reliefs
free loan
initial rough estimate
knowledge of its falsity
main issues
mechanic’s defaults
only fault
owner of a land rover vehicle
part of the bargain
per cent
plaintiff’s village
previous agreement
prior agreement
promissory note
second defendant witness
second mechanic baba alhassan
separate agreement
value of use
workshop of a mechanic

BENIN J.: “The plaintiff’s claim against the defendant is for the sum of ¢100,000 being an interest free loan borrowed from the plaintiff by the defendant in 1985 repayable at monthly instalment of ¢25,000 from July 1985 to December 1985 which amount the defendant has not paid and which remains due and owing.”

This is what the indorsement reads.

The brief facts of this case culminating in the plaintiff’s claim are as follows: The defendant is the owner of a Land Rover vehicle with registration number GZA 3941. In March or April 1983 this vehicle developed an engine fault and was towed to the workshop of a mechanic named A. K. Ntim. The mechanic prepared an initial rough estimate for the repairs for the defendant, but the defendant could not afford the estimates submitted so he allowed the vehicle to remain at the workshop for the next two years without an attempt at repairing it. Sometime in March 1985, the plaintiff, who is a close friend of the defendant, agreed to foot the expenses f…

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