Pyne & Associates Vrs African Motors [2017] GHASC 15 (27 July 2017)

The plaintiff, by retaining the vehicle for almost 11 months after becoming aware of the defects and requesting transfer of ownership, accepted the goods and assumed all risks. The purported rejection was ineffective as property in the goods had passed. The appeal fails.

Citation: [2017] GHASC 15
Parties: Plaintiff/respondent/appellant: Pyne & Associates; Defendant/appellant/respondent: African Motors
Court: Supreme Court
Jurisdiction: Ghana
Judgment Date: 27 July 2017
Procedural Posture: Civil Appeal / Supreme Court Judgment
Outcome: appeal dismissed
Legal Topics: Sale of Goods, Implied Conditions, Rejection of Goods, Acceptance of Goods, Merchantability, Fitness for Purpose
Source Language: English

Contract Law Commercial Law Sale of Goods Implied Conditions Rejection of Goods Acceptance of Goods Merchantability Fitness for Purpose

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3

Parties

Pyne & Associates

Plaintiff/respondent/appellant

African Motors

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

1 Whether the plaintiff was entitled to reject the vehicle and recover the purchase price under the Sale of Goods Act, 1962 (Act 137)
2 Whether the defects complained of entitled the plaintiff to repudiate the contract
3 Whether retention of the vehicle constituted acceptance and transfer of property in the goods

Ratio Decidendi

Court Disposition

appeal dismissed