MENSAH vs. OSEI [1962]DLHC1596

Date	1962-04-09
Suit No.
Citation No.	[1962]DLHC1596

OLLENNU J.

E. L. COLE FOR THE PLAINTIFF.

K. OHENE AMPOFO FOR O. Y. ASAMOAH FOR THE DEFENDANT.

[1962]DLHC1596
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">MENSAH <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">OSEI <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1962] GLR 261<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 9TH APRIL, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

E.
L. COLE FOR THE PLAINTIFF.<o:p></o:p>

K.
OHENE AMPOFO FOR O. Y. ASAMOAH FOR THE DEFENDANT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 6.0pt 0in">

OLLENNU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
OLLENNU, J.<o:p></o:p>The plaintiff’s claim is for the return of a Mercedes Benz car No.
TV. 119 seized by the defendant, and for loss of earnings from the 10th
September, 1961 the date of the seizure, to the date of judgment.<o:p></o:p><o:p>&nbsp;</o:p>The defendant is the owner of the car, a second-hand vehicle. He
let the same to the plaintiff upon a hire agreement exhibit A dated the 8th
November, 1960. According to the plaintiff the engine of the car broke down in
May, 1961, while he was travelling from Kadjebi to Accra, and that upon the
advice or request of the defendant he took the car to the workshop of Messrs.
R.T. Briscoe who repaired it at a cost of £G465. That amount was debited to a
running account which the defendant had with the said company. The repairs were
completed in June, 1961. The plaintiff said that after the completion of the
repairs he had a meeting with the defendant and it was agreed between the two
of them in the presence of a witness that the plaintiff should pay £G30 a week
to Messrs. Briscoe towards the cost of repairs and that he should suspend
payment of the monthly instalments due on the hire agreement exhibit A until he
shall have paid off the £G465, the cost of the repairs.<o:p></o:p><o:p>&nbsp;</o:p>The defendant denies that it was at his request that the plaintiff
took the vehicle to the Briscoe workshop for the repairs. He said that he
noticed that an amount of £G465 had been debited to his account in June, 1961
and when he enquired he was told it was the cost of repairs effected on the
said vehicle which was still registered in his name as owner. He said that he
sent for the plaintiff and requested him to pay £G30 a week to Briscoe on
account of the £G465, but he denied that he agreed with the plaintiff that
payment of the instalments due under the hire agreement should be suspended.<o:p></o:p><o:p>&nbsp;</o:p>I do not believe the evidence of the plaintiff and his witness
that it was upon the plaintiff’s request that the car was taken to Briscoe for
repairs. As a matter of fact the plaintiff did not plead that it was the
defendant who caused him to take the vehicle there.<o:p></o:p><o:p>&nbsp;</o:p>In paragraph 6 of the statement of claim, the plaintiff admitted
he only paid £G168 towards the cost of repairs and thereafter defaulted. That
means that at the rate of £G30 a week, the plaintiff must have kept up the
weekly payments for only six weeks, the sixth payment being only of £G18. Therefore
upon his own showing the plaintiff paid nothing after about the middle of July
towards the cost of the repairs and he paid no instalments from and after May,
1961. He also admitted that he made default with the instalments for January,
1961, and for April, 1961; he only paid £G50 instead of £G100.<o:p></o:p>A hire-purchase agreement is defined in the Hire-Purchase Act,
1958,1(1) as “an agreement for the bailment of goods under which the bailee may
buy the goods.” The agreement exhibit A comes within that definition and it is
therefore a hire-purchase agreement.<o:p></o:p><o:p>&nbsp;</o:p>It was submitted by counsel for the plaintiff that the agreement
exhibit A sins against section 4 (2) of the Act, in that it does not “contain a
notice which is at least as prominent as the rest of the contents” of it, “in
the terms prescribed in the schedule to this Act”, as laid down by section 4
(2) (c). The notice required to be included as set out in the s</main>