[1976]DLCA361 • May 18, 1976 • Court of Appeal
ATTA vs. ADEVOR
The appellant purchased a vehicle on credit from the respondent, paying part of the price and agreeing to pay the balance in monthly installments under a 'deed of promise' which included a right for the respondent to seize the vehicle upon default. After delivery, the vehicle broke down requiring repairs, leading to the appellant's inability to meet payments. The respondent exercised the right of seizure multiple times, culminating in the final seizure on 18 December 1968. The appellant sued for wrongful seizure and damages.
read moreJUDGMENT OF SOWAH J.A. The facts in this appeal are not much in dispute and they are briefly that on 8 February 1967 the appellant bought on credit a vehicle No. AG 7982 from the respondent at the price of ¢1,800. In accordance with the agreement he made part payment of ¢800 leaving the balance to be paid by stipulated instalments which were embodied in a note described as a “deed of promise” and which reads: “DEED OF PROMISE Whereas I, the undersigned, Joseph Kofi Atta of Kpandu Aloi, Kpandu District, Volta Region of Ghana, am indebted to E. K Adevor of Aveme Drah, Kpandu District, Volta Region of Ghana in the sum of £G500 (¢1,200) being balance of that three-ton Austin track No. AG 7982, I did buy from him. This serves as my deed of promise, promising to pay to the said E. K. Adevor the balance of the said amount of £G500 (¢1,200) by a monthly instalment of £G70 (¢168) pending full payment. Failure on my part to make good payment of the said amount on the instalme...