[1978]DLCA1141May 18, 1978Court of Appeal

FIADZOE vs. KUADZI

JUDGMENT OF ANNAN J.A. The plaintiff-respondent claimed the following sums of money in his writ of summons: (a) The sum of N¢672 being advance plaintiff paid to the defendant on 30 June 1971 for the purchase of defendant’s Toyota bus No. GM 162 under a hire-purchase agreement dated 30 June 1971 which Toyota defendant has now seized unlawfully; (b) The sum of N¢250 being the first instalment plaintiff paid to the defendant on 8 August 1971 under the said hire-purchase agreement; (c) The sum of N¢624.20 being amount plaintiff spent in procuring the necessary papers on the said vehicle and making the vehicle roadworthy; (d) The sum of N¢1,000 being damages for breach of contract. According to the statement of claim the plaintiff-respondent entered into a hire-purchase agreement with the defendant-appellant for the purchase of the bus for the total hire-purchase price of N¢3,700. The agreement was dated 30 June 1971 and provided for the payment of the initial ...