DABU vs. ANOBAH

In 1959, the respondent sought to purchase a one-and-a-half ton Bedford lorry on hire-purchase terms and enlisted the appellant's help. The appellant introduced the respondent to Kalmoni Kamel, a Lebanese merchant, with whom a hire-purchase agreement was entered. Although the agreement was nominally between Kalmoni and the appellant, the respondent was effectively the hirer. The respondent paid an initial deposit and monthly installments through the appellant. The appellant allegedly failed to remit the full payments to Kalmoni, leading to default and repossession of the lorry by Kalmoni. The appellant was said to have consented to or authorized the sale of the lorry to a third party. The respondent claimed the appellant defrauded him and obtained a promissory note from the appellant for £G450 as compensation for the wrongful sale of the lorry.

JUDGMENT OF APALOO J.S.C. This is an appeal from the judgment of a circuit court (his honour judge Attoh, as he then was) delivered on 29 November 1963. That judgment sustained a claim by the respondent against the appellant for the sum of £G450 alleged to be due on a document, which for lack of a better term, I would call a promissory note. The facts which were canvassed before the trial court were set out in great detail in the rather comprehensive judgment of the learned circuit judge. What is relevant for the purpose of this appeal is less elaborate and is within a very narrow compass. I will relate it briefly. Some time in 1959, the respondent was desirous of purchasing a one-and-a-half ton Bedford lorry on hire-purchase terms. He communicated his desires to the appellant and sought his help. It appears the latter had in the past engaged himself in hire-purchase business with a Lebanese merchant called Kalmoni Kamel of Accra. The appellant took the respondent to Kalmoni and a....