MENSAH vs. OSEI

JUDGMENT OF OLLENNU, J. The plaintiff’s claim is for the return of a Mercedes Benz car No. TV. 119 seized by the defendant, and for loss of earnings from the 10th September, 1961 the date of the seizure, to the date of judgment. The defendant is the owner of the car, a second-hand vehicle. He let the same to the plaintiff upon a hire agreement exhibit A dated the 8th November, 1960. According to the plaintiff the engine of the car broke down in May, 1961, while he was travelling from Kadjebi to Accra, and that upon the advice or request of the defendant he took the car to the workshop of Messrs. R.T. Briscoe who repaired it at a cost of £G465. That amount was debited to a running account which the defendant had with the said company. The repairs were completed in June, 1961. The plaintiff said that after the completion of the repairs he had a meeting with the defendant and it was agreed between the two of them in the presence of a witness that the plaintiff should pay £G30 a we...