HEWARD-MILLS vs. R. T. BRISCOE (GHANA) LTD.

JUDGMENT OF ARCHER J.A. The plaintiff sent his car to the defendants in May 1971 for certain repairs to be carried out. After the work had been completed, the defendants’ bills for the repairs payable by the plaintiff amounted to ¢1,300.88. The plaintiff was unable to pay the full amount but he offered to pay half the amount, that is ¢650.00 and promised to pay the balance of ¢650.88 by the middle of July 1971. This offer was accepted by the defendants and upon the receipt of ¢650.00, they released the car to the plaintiff. However, the plaintiff did not fulfil his promise to pay the balance of ¢650.88 by the middle of July 1971 despite reminders sent to him. In September 1972, the plaintiff sent his car to the defendants for other repairs to be undertaken. Upon completion of the work, they charged the plaintiff ¢305.72, which was promptly paid by the plaintiff on 17 October 1972. However, when the plaintiff’s driver collected the car and was driving it out of the ...