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ABAKA V. ANSAH

(1965) JELR 63542 (HC)

High Court  •  29 Nov 1965  •  Ghana

Coram
ARCHER J.

Judgement

ARCHER J.: The facts in this appeal briefly are as follows: the appellant, by a credit sale agreement dated 15 May 1964 (admitted in evidence in the court below as exhibit A) purchased one Bedford truck No. CP 8405 from the respondent for the price of £G300. Under the terms of the agreement, the appellant paid an initial deposit of £G100 and was to pay thereafter £G40 a month as from 15 June 1964 until the balance of £G200 had been paid. Although the first instalment was due on 15 June 1964, the appellant paid it on 26 June 1964 after the respondent had seized the vehicle on 16 June. The lorry was released to him.

Thereafter no further monthly payments appeared to have been made by the appellant. On 27 September 1964, the respondent seized the lorry when the appellant was in default in respect of the monthly instalments due in July, August and September 1964 by virtue of a power of seizure conferred by the credit sale agreement on him in case of default. On 12 October 1964, the respond…

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