Court
court

Former Director of Ghana?School of Law, George A. Sarpong,?has filed a suit at a commercial court?in Accra seeking to commit the Chief?Executive of Silver Star Auto Limited?for contempt.

Court
court

The plaintiff has alleged that the?head of the company, Kalmoni?Nouhad, had defied a Supreme Court?order to deliver a brand new Mercedes?Benz (E Class) to him.

The case, which started in 2009,?was filed for and on behalf of the?plaintiff by his solicitors, G.A. Sarpong?& Co Limited with.

Genesis
According to the plaintiff, a brand?new Mercedes Benz (C-Class 180) he?bought from the car dealer in 2007?had broken down in May 2008 but?was replaced with another E-Class?one with registration number GN?2266-Y at the cost of 15,000 Euros?which again broke down in December?that same year.

Mr. Sarpong therefore claimed?among others things, a brand new EClass?as replacement or a refund of?the purchase price of the vehicle as?well as compensation for loss of use?of the vehicles and damages for?breach of condition or deceit.

Rebuttal
Silver Star Auto Limited, in its?amended statement of defence filed?on October 19, 2009, denied the plaintiff?s?claims and insisted that the
cause of the accident was attributable?to the May 2009 stadium incident.

They argued that G.A. Sarpong &?Co was not entitled to any claim as?endorsed in the writ of summons and?had urged the court to dismiss the?plaintiff?s suit.

Court?s Decision
The commercial court, after full?trial, held that G.A. Sarpong & Co?was entitled to a delivery of a brand?new E-Class Mercedes Benz as?replacement for the damaged car, but?the court refused to grant the claim?for compensation for loss of use of?the vehicles and damages for breach?of condition or deceit.

Not satisfied, Silver Star Auto?Limited appealed against the decision?at the Court of Appeal and succeeded?in getting the appellate court?to review the High Court?s decision?by ordering the car dealer to only?replace the damaged engine for G.A.?Sarpong & Co and not the whole car.

Final Decision
G.A. Sarpong & Co then headed?to the Supreme Court where a fivemember
panel, presided over by Justice?Julius Ansah, ruled that G.A. Sarpong
& Co had been able to discharge?the burden of proof that the?vehicle it bought from Silver Star?Auto Limited had latent defects and?deserved to be replaced.

The panel, which also included?Justices Rose Owusu, K. Anin?Yeboah, P. Baffoe Bonnie and J.B.?Akamba, disagreed to the Court of?Appeal?s reversal of the High Court?decision and ordered that the trial?judgement orders be maintained.

Contempt Application
However, the plaintiff in his?application for contempt filed on September
9, 2014, said that ?Upon an?undertaking, personally executed by?the respondent himself to unconditionally?deliver to the plaintiff a?brand new, latest model of the Mercedes?Benz 200 E Class should its?appeal fail, execution of the judgement?was stayed.?

Mr. Sarpong averred that when?the Supreme Court gave judgement?in his favour, he filed notice of judgement?after trial and duly served the
defendant adding, ?Ahe defendant?was served with the order for delivery
of vehicle on July 21, 2014 as confirmed?by a search report.?

Non-Compliance
The plaintiff said the defendant?had till date failed to comply with the?order of the court, although the?defendant had the vehicle in its possession.

?In total defiance of the orders of?the court, the defendant on August
27, 2014 paid into the court,?GH?157,440 in purported satisfaction?of the order.?

The plaintiff insisted that the?order of the court was not for the?defendant to pay money but for the?delivery of a brand new latest model?of Mercedes Benz 200 E Class.

BY William Yaw Owusu

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