YIRENKYI
V.
TORMEKPEY

(1988) JELR 63694 (CA)

Court of Appeal · 21 Apr 1988 · Ghana
·

Other Citations

[1987-88] 1 GLR 516

CORAM

ABBAN J.S.C.,OSEI-HWERE JA,AMPIAH J.A

Editorial Summary

The plaintiff is himself a businessman and the defendant a motor vehicles dealer. At the trial court 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 and that it needed substantial repairs on it. In the face of the incrimination and recrimination evoked by the pleadings the plaintiff made bold to move the court for summary judgment in respect of his claim for the refund of the ¢157,000 under Order 14 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) as amended by rule 2 of the High Court (Civil Procedure) (Amendment) (No. 2) Rules, 1977 (L.I. 1129). The trial court allowed it and gave judgment for the plaintiff in the sum of ¢157,000 and, at the same time, gave the defendant leave to defend the other reliefs sought by the plaintiff. The defendant’s appeal is against the summary judgment for the ¢157,000. The appellate court found that there were triable issues to be determined and the fact that the trial court failed to consider defendant's defence which had been filed, the appeal succeeded and trial court's judgment was set aside

Core Terms ^Beta

defendant

plaintiff

section

defence

paragraph

trial judge

said truck

further reply

summary judgment

civil procedure

cost of repairs

effect repairs

formidable defence

high court

osei-hwere j.a.

plaintiff’s writ

absence of an express warranty

accompanying statement of claim of the plaintiff

agreed price

breach of contract of sale

defendant’s appeal

disputable issues

face of the incrimination

first judgment

following matters

foundation of the plaintiff

further pressure

goods passes

higher price

immediate transfer

implied condition

important reason

learned trial judge

legal title

loss of use of the said vehicle

motor vehicles dealer

particular case

refund of the following amounts

request of the defendant

respect of his claim

result of the defendant

said vehicle

sale of goods act

s claim

second-hand car

substantial repairs

supporting affidavit

toyota truck

transfer of the vehicle

words of lord denning m.r.

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 …

YIRENKYI V. TORMEKPEY

YIRENKYI
V.
TORMEKPEY