PROPHET MARK OWUSU V. MR. JOE

KORBIEH, J.A.

The plaintiff/respondent (hereinafter simply referred to as the respondent) claimed against the defendant/appellant (hereinafter simply referred to as the appellant) the following two reliefs:

a. The recovery of ¢41,000,000.00 being the balance of a penalty in the sum of ¢51,000,000.00 which had been imposed on Mercedes Benz bus (207) with registration number GR 9021 Q which vehicle the appellant had sold to the respondent but which had been seized by the C.E.P.S. for lack of import duties; or in the alternative, the current value of the vehicle.

b. General damages for loss of use of the said vehicle from the 28/4/2005 to the date of the final release of the vehicle or judgment.

The respondent’s claim was grounded on the averments in his statement of claim which may be summarized as follows: the appellant sold a Mercedes Benz bus (207) with registration number GR 9021 Q to the respondent in February 2004 for the sum of ¢33,500,000.00 but almost immediately the respondent had…