WIREN INTERNATIONAL GH LTD
V.
MECHANICAL LLYOD CO. LTD

(2018) JELR 63939 (HC)    
High Court  ·  SUIT NO.CM/103/16 ·  15 Mar 2018 ·  Ghana
CORAM
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Core Terms Beta
vehicle
plaintiff
defendant
act of god
latent defect
cause of the fire
loss of use of the vehicle
battery fire
defendant claim
first time
floods of june
following documents
george wiredu
manufacturer’s defect
plaintiff claim
repair of plaintiff
sale of goods
case of a sale
defence fails
defendant’s shop
evaluation of the evidence
exact cause of the battery fire
following issues
following reliefs
general damages
lawyers’ fees
long standing customer of defendant
loss of use of that vehicle
onychund v barker
part of the vehicles
plaintiff defendant
plaintiff whiles discussions
recall of some vehicles
representative of bmw ag
respect of the sale of goods
said amount
said vehicle
series saloon vehicle
series vehicle
statement of claim plaintiff
use of its chief executive officer
valuation report of the salvaged vehicle
value of a bmw
workshop of the defendant

Plaintiff claims the following reliefs endorsed on its writ issued against the Defendant:

Recovery of the sum of €74,793 being the value of a BMW 7 series vehicle damaged in the custody of the Defendant

Interest on the said amount from 6th of November, 2014 to date of final payment

General damages for negligence

Damages for loss of use of the vehicle from 6th of November, 2014 until date of receipt of full value for the vehicle.

Cost including lawyers’ fees (with liberty to apply)

In the statement of claim Plaintiff states that it has been a long standing customer of Defendant, who is the sole agent and representative of BMW AG and Ford Motors in Ghana. Plaintiff avers that it purchased a BMW 7 series saloon vehicle with registration No GR 437-10 for the use of its Chief Executive Officer (CEO), George Wiredu. Plaintiff notes that the said vehicle for some inexplicable reason suffered a battery fire which caused the Plaintiff to tow the vehicle to the workshop of the Defendant. Plaintiff cl…

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