The Commercial Court in Accra yesterday sentenced the Chief Executive Officer of Silver Star Auto Limited to 21 days’ imprisonment for contempt.
Kalmoni Nouhad was convicted on December 1, 2014 after his company failed to obey the court’s orders to deliver a brand new Mercedes Benz to the plaintiff on July 10, 2014.
It, however, deferred its sentencing and reasons to yesterday.
The court, presided over by Mr Justice G. Koomson, held that the convict woefully failed to obey the court’s order after he had given an undertaken to obey the directives.
But the convict is not in prison because his lawyer, Kizito Beyuo, filed a notice of appeal immediately after the court’s decision.
Rule 27 of the Court of Appeal Rules states there will be an automatic stay of execution of the conviction for seven days.
Background to the case
The plaintiff, G. A. Sarpong & Co, instituted a civil action against Silver Star in 2009 after the plaintiff had purchased a brand new Mercedes Benz car which ended up being defective.
The High Court, which heard the matter, ordered the automobile company to replace the vehicle because the period fell within the warranty period, but Silver Star appealed.
The appeal succeeded in part because the Court of Appeal ordered it to replace the engine of the defective vehicle.
According to the Court of Appeal, the plaintiff was entitled to the replacement of the engine and not the entire vehicle.
Dissatisfied with the court’s decision, G. A. Sarpong and Co went to the Supreme Court and succeeded in overturning the decision of the Court of Appeal.
The highest court of the land, in January 2014, held that the plaintiff was entitled to a replacement of the defective vehicle with a brand new one.
Enforcement
Counsel for the plaintiff, Mr Joseph Opoku Boateng, filed the necessary legal documents at the High Court and sought to enforce the Supreme Court decision.
Per the rules of court, the plaintiff went back to the High Court to enforce the judgement of the Supreme Court.
The plaintiff applied for an order of delivery and the court ordered that the vehicle be delivered within 14 days.
However, the defendant defaulted and was thus convicted and sentencing deferred to yesterday.
Source: Graphic Online