*…As Company Is Dragged To Court For Selling ‘Scrap’ Car *

*…Atta Akyea Raises Doubts Over Genuineness Of Its Cars *

By Larry-Alans Dogbey

The proprietress of Georgia Hotel in Accra and Kumasi has floored the famous Silver Star Auto Limited, an automobile company, in two successive legal bouts, over a brand new luxurious Mercedes Benz E240 Avant-garde vehicle sold to her by the company, but which turned out to be a near scrap.

Mrs. Georgina Konadu Kusi says she bought the car at a whopping 58,500 Euros from the company, sometime in 2004. However, just after traveling some few kilometers, it developed serious electrical faults and was at various times in and out of the company’s workshop for repairs, but the problem persisted.

The ongoing case is raising doubts as to whether or not the Silver Star Auto Limited actually has a franchise to deal in genuine Mercedes Benz vehicles from Germany, as the company has always seemed or made the public to believe, according to Mr. Atta Akyea.

Mr. Atta Akyea, who is the lawyer for Mrs. Kusi, wondered whether Silver Star has reported the matter to the Mercedes Benz in Germany to have the said vehicle, one of its products, replaced to save the image of the company.

Mr. Akyea’s question came soon after Mrs. Kusi had won another case against Silver Star, which had gone to the Appeals Court seeking an injunction to restrain the enforcement of an earlier judgment in favour of the respondent at the High Court, until its substantive appeal was determined.

A cost of Five Hundred Ghana Cedis (GHc500) was awarded against Silver Star Auto Limited, by the Court of Appeal, because its lawyer could not convince the court that the substantive appeal, indeed, has a great chance of success, hence the injunction should be granted.

The justices, who sat on the case, include Justices Kanyoke, Gyaesayor and Ayirebi.

According to Mrs. Kusi, the car could reduce speed when in motion and the accelerator is engaged and could later take off at a great speed on its own, and sometimes also the car on its own could decide not to move at all.

She averred that as a result of this, the vehicle is currently parked, waiting to be towed away by the Silver Star.

Mrs. Kusi insists the faults with the vehicle were latent manufacturing defects, hence Silver Star should replace the car with a brand new one or, in the alternative, the payment of the full replacement value of the brand new model of the car by reason of the sale of the defective new vehicle and damages for loss of use.

A witness produced by Mrs. Kusi told the court that he examined the car and saw that there was a problem with the oil pump and, therefore, oil congealed, adding that there was an unusual noise in the engine, “and that when the engine was started, it sounded like a corn mill.”

The car is reported to have one day stopped at Ejisu in the Ashanti Region, while on its way to Kumasi, and had to be towed on a truck.

Another witness produced by Mrs. Kusi, corroborated the Ejisu incident, and said attempts to restart the engine resulted in a gunshot-like noise from the exhaust.

The High Court, presided over by Mr. Justice K.A. Ofori Atta, in its judgment, noted that a replacement of the car for the price of 58,000 Euros could not be far-fetched, since the car was sold as new and expected to be fit for the purpose for which it was acquired.

He ruled that Mrs. Kusi recovered the sum of 58,500 Euros or its cedi equivalent being the amount paid Silver Star Auto Limited, together with interest at the prevailing bank rate from October 2006, till the date of final payment.

Justice Ofori Atta also awarded US$10,000 cost or its cedi equivalent against the company for the loss of use of the car and a cost of GHc2,000.00 in favour of Mrs. Kusi.