Facts of the case.
The plaintiff/respondent/appellant, (hereinafter referred to as the plaintiff), a Firm of Legal Practitioners and Consultants elected to buy a brand new C180 Mercedes Benz Salon car from the defendant/appellant/respondent (hereinafter called “the respondent”) in February 2007. The car was bought under a 2 year unlimited warranty. Five months into acquiring the C- 180 Benz, the head gasket cracked. It was agreed between the appellant’s officers and the respondent’s officers that the appellant surrender the C- 180 Benz for another brand new E-Class Benz after paying Euros 15,000 to the respondent subject to a 2 year unlimited warranty. The E-Class Mercedes Benz Saloon car with Registration Number GN 2266Y is the subject matter of this Appeal.
In May, 2008, the car suddenly stopped in the middle of the road on a rainy day at East Legon, and appellant’s officer notified respondent whose agents subsequently towed the car to respondent’s workshop for repairs. The …