CFAO V. ZACCA

AZU CRABBE J.S.C.

The present application raises points of great importance. The history of this matter may be shortly stated. The applicants brought an action in the High Court, Kumasi, against one S. Zacca, claiming payment of sums of money due and payable under a hire-purchase agreement between the applicants and Zacca for the purchase of a tractor. The applicants had, in the meantime, seized the tractor for default in the payment of the instalments under the hire-purchase agreement. Zacca disputed liability on the ground that to the knowledge of the applicants he was only a nominal party to the hire-purchase agreement, and that the real party was one B. M. Zacca, the respondent herein, who joined the suit as a third Party. B. M. Zacca did not dispute liability under the hire purchase agreement, but he counterclaimed for damages for unlawful seizure of the tractor by the applicants. The leaned trial judge dismissed the applicants’ claim but awarded B. M. Zacca damages.

The applicant…