[1973]DLHC2345 • July 4, 1973 • High Court
ACKAAH vs. ASANE
In 1971, the plaintiff sued the defendant in the District Court Grade I, Dunkwa, claiming the sum of N¢440.00 as the balance due for a 2-ton Bedford lorry purchased from the plaintiff. The defendant had failed to pay after several demands. The District Court found in favor of the plaintiff. The defendant appealed on the ground that the action was statute-barred, arguing that the cause of action arose after the final installment payment date of 14 March 1963, and thus the claim filed in 1971 was out of time under the Limitation Act 1623 (English law). The plaintiff contended that customary law governed the transaction, which does not recognize a statute of limitations in such matters.
read moreIn 1971 the plaintiff sued out a writ in the District Court Grade I, Dunkwa, claiming the sum of N¢440.00 “being balance of an amount due and owing by the defendant to the plaintiff in respect of one 2-ton Bedford Lorry No. WR 2324 which the defendant purchased from the plaintiff and which amount, the defendant has failed to pay after several demands . . .” The learned district magistrate after hearing evidence found that the defendant-appellant (hereinafter referred to simply as the defendant) had not paid the amount and he entered judgment in favour of the plaintiff-respondent (hereinafter referred to simply as the plaintiff) and the defendant appealed. The only ground of appeal canvassed on behalf of the defendant was “that the action herein is statute-barred.” The sale of the Bedford lorry No. WR 2324 took place in 1962 and this was evidenced by a memorandum of agreement, exhibit 1, and Mr. Essiem, counsel for the defendant, contended that according to exhibit 1 the...