GEORGIA HOTEL LIMITED V. SILVER STAR AUTO LIMITED

JUDGMENT

SOPHIA ADINYIRA (MRS.) JSC

In October 2004 Hotel Georgia Limited, a limited liability company engaged in hotel and hospitality industry in Kumasi and Accra, the Plaintiff/Respondent/Appellant herein, (hereinafter plaintiff company), purchased for the use of its managing director, a brand new Mercedes Benz E240 Avant-garde at a cost of €58,500 from the Silver Star Limited, the sole dealer of German-made Mercedes Benz vehicles in Ghana, the Defendant/Appellant/Respondent herein (hereinafter defendant company)

In September 2006 the vehicle broke down at Ejisu en route to Kumasi after minor repairs at the workshop of the defendant company at Tema. The plaintiff company had the vehicle towed to Kumasi and inspected by a private mechanic who declared the car engine defective. After that the plaintiff company brought a claim against the defendant company alleging that the vehicle suffered from latent defects.

The plaintiff company claimed by its writ of summons filed on 15 February 2007…