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FIADZOE V. KUADZI

(1978) JELR 66586 (CA)

Court of Appeal  •  18 May 1978  •  Ghana

Coram
SOWAH JA,KINGSLEY-NYINAH JA,ANNAN J.A.

Appearances
NUTSUGAH FOR THE APPELLANT; KUDJAWU FOR THE RESPONDENT.

Judgement

ANNAN J.A.

The plaintiff-respondent claimed the following sums of money in his writ of summons:

(a) The sum of N¢672 being advance plaintiff paid to the defendant on 30 June 1971 for the purchase of defendant’s Toyota bus No. GM 162 under a hire-purchase agreement dated 30 June 1971 which Toyota defendant has now seized unlawfully;

(b) The sum of N¢250 being the first instalment plaintiff paid to the defendant on 8 August 1971 under the said hire-purchase agreement;

(c) The sum of N¢624.20 being amount plaintiff spent in procuring the necessary papers on the said vehicle and making the vehicle roadworthy;

(d) The sum of N¢1,000 being damages for breach of contract.

According to the statement of claim the plaintiff-respondent entered into a hire-purchase agreement with the defendant-appellant for the purchase of the bus for the total hire-purchase price of N¢3,700. The agreement was dated 30 June 1971 and provided for the payment of the initial sum of N¢672 and a first instalment of N¢250. …

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