ADARKWA v. NKRUMAH

JUDGMENT OF DJABANOR J. This is a claim by the plaintiff against the defendant for ¢G740 being the value of vehicle No. AS 5609 which the defendant has wrongfully converted to his own use. In his particulars, (and indeed in his supporting evidence), the plaintiff alleged that he borrowed an amount of ¢G40 from defendant and that defendant charged him the exorbitant interest of ¢G15 thereon. When he failed to pay the loan at the stated time the defendant seized his vehicle and has kept it in his custody ever since. The plaintiff invited me to declare that the loan is unenforceable and the written agreement made to evidence the said loan void and of no effect; and that the seizure of the vehicle in the purported enforcement of the payment of the debt is also wrongful and unjustifiable. The pleadings disclosed that this matter was taken to the Motor Union office at Kumasi where it was settled to the satisfaction of the parties. The issue as to the validity and effect of this...