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PYNE & ASSOCIATES V. AFRICAN MOTORS

(2017) JELR 68812 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/38/2013  •  27 Jul 2017  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, BENIN JSC

Judgement

DOTSE, JSC

On the 12th day of July 2017, this court delivered judgment in this case by which we unanimously dismissed the appeal herein lodged by the Plaintiffs/Respondents/Appellants, hereafter referred to as the Plaintiff. We however reserved the reasons for our decision, which we hereby give.

RELIEFS CLAIMED BY PLAINTIFFS

The Plaintiffs by their amended writ of summons claimed against the Defendants/Appellants/Respondents, hereafter referred to as the Defendants, the following reliefs:-

a. Specific damages from loss of profit from inability to use vehicle and continuing loss since October, 2005.

b. The difference between the sale value and in the defective condition, or in the alternative

(i) $32,000

(ii) Interest on each sum from November 2004 till date of final payment or

(iii) Replacement of a brand new vehicle of similar make

FACTS OF THE CASE

The Plaintiffs, a construction company registered under the laws of Ghana claimed the reliefs referred to supra against the Defendants, who inter …

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