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 …

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