OSEI-HWERE J.A.: Osei-Hwere J.A. delivered the first judgment at the invitation of Abban J.S.C. The plaintiff’s writ sued for the refund of the following amounts by the defendant:
“1 ¢157,000 being the cost of one Toyota truck paid by the plaintiff to the defendant.
2 ¢56,860 being the cost of repairs carried out by the plaintiff on the said truck at the request of the defendant.”
In addition he sued for damages for loss of use of the said vehicle and damages for breach of contract of sale. The plaintiff is himself a businessman and the defendant a motor vehicles dealer. It was agreed in the pleadings that on or about 18 May 1980 the plaintiff bought from the defendant one Toyota truck No. AK 5697 at a price of ¢157,000 for which the defendant issued his receipt against the purchase.
It was averred in the accompanying statement of claim of the plaintiff that upon delivery of the truck it was discovered that contrary to the warranty given by the defendant the said truck was not roadworthy …