[1975]DLCA185 • July 31, 1975 • Court of Appeal
YAYO vs. NYINASE
The plaintiff, an illiterate trader, entered into an oral hirepurchase agreement with the defendant for a commercial vehicle at a price of ¢2,000.00, paying a deposit of ¢400.00 and further ¢400.00, with the balance payable in six monthly instalments of ¢200.00. The vehicle was secondhand and initially tested by the plaintiff's brother and husband. After about three months, the vehicle developed serious defects requiring repairs, which the plaintiff paid for. The plaintiff paid a total of ¢1,450.00 but defaulted on the remaining ¢550.00. The defendant seized the vehicle from Accra, which the trial judge found wrongful as the plaintiff had paid more than half the purchase price.
read moreJUDGMENT OF HAYFRON-BENJAMIN J.A. This is an appeal from the judgment of the Circuit Judge, Ho, dated 27 August 1971 in favour of the plaintiff on her amended claim under section 69 of the Sale of Goods Act, 1962 (Act 137), for ¢1,450.00 being money had and received under a hire-purchase agreement in respect of a commercial vehicle. The plaintiff is an illiterate trader who tried her hand at transportation as side line. She agreed to buy the vehicle the subject-matter of the agreement for ¢2,000.00 from the defendant, a pastor and a farmer, whom she had met through a prophetess. She paid by way of deposit on the purchase price the sum of ¢400.00, and shortly afterwards made a further payment of another ¢400.00. It was agreed by the parties that the plaintiff should pay the outstanding balance of ¢1,200.00 by six equal monthly instalment of ¢200.00 each. The agreement was oral, and receipts were given only for the payment of the initial deposit. The parties did not have...