JUDGMENT
By a sales agreement dated 28th October 2011, defendant sold his Mercedes Benz Tipper Truck with registration number GW 2893-X to plaintiff for the sum of Ghc45,000. Plaintiff registered the vehicle with the Drivers and Vehicle Licensing Authority (DVLA) on 21st of January 2012 after ownership had been transferred into his name by the previous owner and was issued with the Form C.
After using the vehicle for two years, Plaintiff sold the vehicle to a third party but physical examination conducted at DVLA when the new purchaser went to register the vehicle revealed that the vehicle was uncustomed and it was seized by customs officials. Plaintiff averred that when the vehicle was transferred into his name, no physical examination was conducted by DVLA. The third party has since sued plaintiff for refund of the purchase price yet all efforts to get defendant to either pay the customs duty or refund the sum of Ghc45,000 being the cost of the vehicle has proved futile.…