QUAYE vs. R.T. BRISCOE LTD.

JUDGMENT OF MILLS-ODOI J.S.C. Mills-Odoi J.S.C. delivered the judgment of the court. By exhibit B dated the 25th October, 1957, the appellant entered into a hire-purchase agreement with the respondents for the purchase of a Mercedes Benz tipper truck, No. AF 603. The agreement was to expire on the 16th December, 1958. One of the clauses of the agreement permitted the respondents to seize the vehicle in the event of default in any of the payments due. The appellant fell into arrears with his payments and at the date of termination of the agreement there was a balance of £G777 7s. 3d. due and owing by him. Instead of exercising their right of seizure of the vehicle under the hire-purchase agreement, the respondents entered into a new hire-purchase agreement with the appellant, exhibit C, which was executed on 16th December, 1958, in which the outstanding balance of £G777 7s. 3d. was treated as the purchase price of the vehicle. By exhibit C the appellant agreed to pay the sum of £...