DE HORNE AGAH vs. FARKYE BROTHERS

JUDGMENT OF APALOO J.A. This appeal is from the judgment of the High Court, Accra (Prempeh J., as he then was), dated 28 February 1964. By that judgment, the learned trial judge dismissed a claim by the appellant (hereinafter called the plaintiff) to recover damages against the respondents (hereinafter referred to as the defendants) for wrongful seizure of a vehicle hired to the plaintiff by the defendants on hire-purchase terms. Both parties were described as transport owners but the defendants’ name implies that they are a firm carrying on a transport business. Some time in February 1961 the plaintiff was minded of purchasing from the defendants, a land-rover on hire-purchase terms. He made his intention known to the defendants. The latter were willing to hire to the plaintiff the said vehicle, with the usual option to purchase. Accordingly, on 13 February 1961 the parties executed a formal hire-purchase agreement. This contains the usual hire-purchase clauses. At that date, th.....