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AGATHA ADJABENG DAWKINGS V. WINSTEP COMPANY LIMITED

(2010) JELR 65800 (CA)

Court of Appeal  •  H1/53/2010  •  29 Jul 2010  •  Ghana

Coram
J. B. AKAMBA J.A [PRESIDING], ISAAC DUOSE JA, IRIS MAY BROWN JA

Appearances
MR. OSEI OWUSU AFRIYIE FOR DEFENDANT/APPELLANT ,MR. MOHAMED ATTA FOR PLAINTIFF/RESPONDENT

Judgement
<p>JUDGMENT</p><p>DUOSE, JA</p><p>This is an appeal against the judgment of the High Court (Commercial Division) Accra delivered on 23rd January 2009. Aggrieved by the judgment, the Defendant/Appellant filed the following grounds of appeal:—</p><p>a) The learned trial judge erred when she ordered that the Plaintiff/Respondent recover the whole purchase price of the Tiama Pick Up, subject matter of the suit from the Defendant/Appellant in spite of the clear evidence on record that the vehicle is in good condition.</p><p>b) The trial judge erred when she held that the warranty on the Tiama Pick Up, the subject matter of the suit was one (1) year without any corresponding mileage or proviso.</p><p>c) The trial judge is wrong in holding that the Tiama Pick Up, the subject matter of the suit suffered a serious engine defect during the warranty period.</p><p>d) The learned trial judge is wrong when she held that it was the Defendant who referred the Tiama Pick Up to Sneda, the workshop which the Plaintiff sent the vehicle for repairs.</p><p>…</p>

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