MILLS-ODOI J.S.C.: This is an appeal from the judgment of the High Court, Sekondi, which on 14 May 1962, dismissed the appellant’s claim for the sum of £G787 14s. which he brought under the provisions of subsection (1) of section 12 of the Hire-Purchase Act, 1958,1 as being (a) £G687 14s. money had and received by the respondents and (b) £G100 as general damages.
The main question which fell for determination in this appeal is, whether on the facts which the trial judge found, he was right in holding
(a) that the appellant was not in possession of the motor vehicle bearing registration number AF 9366, the subject-matter in dispute, at the time the respondents exercised their right of seizure under the hire-purchase agreement; and
(b) that the appellant cannot claim protection under section 12 (1) of the aforesaid Act, and his claim must fail. It is therefore necessary to set out the facts at some length.
By an agreement in writing dated 28 August 1958, and made between the respondents and…