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(1962) JELR 68904 (HC)

High Court  •  14 May 1962  •  Ghana



CHARLES, J.: In this action the plaintiff claims from the defendants the sum of £G787 14s. being (1) £687 14s. as money had and received by the defendants under a hire-purchase agreement, and (2) £G100 as general damages. The plaintiff’s claim is brought under the provisions of section 12(1) of the Hire-Purchase Act, 19581(1) which reads as follows:

“Where goods have been let under a hire-purchase agreement and seventy-five per cent of the hire-purchase price has been paid, whether in pursuance of a judgment or otherwise, or tendered by or on behalf of the hirer or any guarantor, the owner shall not enforce any right to recover possession of the goods from the hirer otherwise than by action.”

On the 28th August, 1959, the defendants let to the plaintiff on hire-purchase terms a motor car the price of which was £G860 payable by a first instalment of £G100 and the balance by twelve monthly instalments of £63 6s. 8d. In November, 1960, the plaintiff, who had not been making payments regula…

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