[1962]DLSC1598 • December 21, 1962 • Supreme Court •
MOTOR PARTS TRADING CO. vs. NUNOO
The appellants claimed arrears of instalment, damages for breach of contract, and an injunction against the respondent based on a hirepurchase agreement involving a Renault bus. The respondent admitted signing the written agreement but alleged a collateral oral agreement involving a Mercedes car was fraudulently omitted to evade income tax. The respondent repudiated the written agreement due to the appellants' refusal to deliver the Mercedes car, leading to disputes and court proceedings between the parties.
read moreJUDGMENT OF BLAY J.S.C. Blay J.S.C. delivered the judgment of the court. The appellants in this suit against the respondent herein claimed (a) the sum of £G57 as one month’s arrears of instalment due and owing in respect of bus No. AF 7988; (b) £G5,000 as damages for breach of contract and (c) an injunction to restrain the respondent from going into execution in respect of a judgment obtained by the defendant against the appellants. The appellants based their claim on an agreement entered into between them and the respondent made on the 27th May, 1959, and admitted in evidence as exhibit F or L. The respondent, while not denying that he signed the agreement, contended that the said written agreement did not contain all the terms agreed upon between the parties, and that there was a collateral oral agreement that the appellants would deliver to him as his absolute property one Mercedes car No. AE 8080 as part of the consideration for the agreement. He also contended that this so-ca...