[1962]DLSC1480 • July 27, 1962 • Supreme Court •
KPEGLO vs. SCOA MOTORS
The plaintiff, a doctor with extensive practice, entered into a hirepurchase agreement with the defendants for a Dodge car represented as brand new and fit for long-distance travel on rough roads. The plaintiff alleged fraudulent misrepresentation by the defendants that the car was firsthand and fit for purpose, which induced him to enter the contract. The car had been previously used for at least 205 miles, and the plaintiff noticed signs of prior use such as worn upholstery and rattling during a test ride. The plaintiff used the car for about one year, during which it was involved in several accidents and required repairs.
read moreJUDGMENT OF ADUMUA-BOSSMAN J.S.C. This appeal is against a judgment dated the 24th January, 1961, of Ollennu, J. (as he then was) sitting in the High Court, Accra, whereby, he disallowed the claim of the plaintiff (the appellant in this appeal) to four separate reliefs claimed as having enured to him by reason of certain fraudulent misrepresentations made to him by the defendants (the respondents in the appeal) which induced him to enter into a hire-purchase agreement with them in respect of their Dodge car registered as No. AF. 1400. The learned judge at the commencement of an exhaustive and carefully considered judgment set out the reliefs claimed as follows: “(1) cancellation of hire-purchase agreement dated the 20th January, 1959, entered into between the parties in respect of the Dodge car No. AF. 1400; (2) return of an amount of £G885 — total sum paid on divers dates by the plaintiff to the defendants in furtherance of the hire-purchase agreement and interest thereon a...