[1965]DLHC146 • November 29, 1965 • High Court
ABAKA vs. ANSAH
The appellant purchased a Bedford truck from the respondent under a credit sale agreement dated 15 May 1964 for £G300, paying a £G100 deposit and agreeing to pay £G40 monthly instalments. The appellant defaulted on payments, leading the respondent to seize the vehicle twice under a power of seizure clause in the agreement. The vehicle was eventually sold by the respondent after notifying the appellant. The appellant sued for damages alleging wrongful seizure and breach of contract.
read moreABAKA vs. ANSAH [HIGH COURT, CAPE COAST] [1965] GLR 688 DATE: 29 NOVEMBER 1965. COUNSEL: ESSILFIE-BONDZIE FOR THE APPELLANT. T. D. BRODIE-MENDS FOR THE RESPONDENT. CORAM: ARCHER J. JUDGMENT OF ARCHER J. The facts in this appeal briefly are as follows: the appellant, by a credit sale agreement dated 15 May 1964 (admitted in evidence in the court below as exhibit A) purchased one Bedford truck No. CP 8405 from the respondent for the price of £G300. Under the terms of the agreement, the appellant paid an initial deposit of £G100 and was to pay thereafter £G40 a month as from 15 June 1964 until the balance of £G200 had been paid. Although the first instalment was due on 15 June 1964, the appellant paid it on 26 June 1964 after the respondent had seized the vehicle on 16 June. The lorry was released to him. Thereafter no further monthly payments appeared to have been made by the appellant. On 27 September 1964, the respondent seized the...