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MOTOR PARTS TRADING CO. V. NUNOO

(1962) JELR 64994 (SC)

Supreme Court  •  21 Dec 1962  •  Ghana

Coram
SARKODEE-ADOO JSC, MILLS-ODOI JSC,BLAY J.S.C.

Judgement

BLAY J.S.C.: The appellants in this suit against the respondent herein claimed (a) the sum of £G57 as one month’s arrears of instalment due and owing in respect of bus No. AF 7988; (b) £G5,000 as damages for breach of contract and (c) an injunction to restrain the respondent from going into execution in respect of a judgment obtained by the defendant against the appellants. The appellants based their claim on an agreement entered into between them and the respondent made on the 27th May, 1959, and admitted in evidence as exhibit F or L. The respondent, while not denying that he signed the agreement, contended that the said written agreement did not contain all the terms agreed upon between the parties, and that there was a collateral oral agreement that the appellants would deliver to him as his absolute property one Mercedes car No. AE 8080 as part of the consideration for the agreement. He also contended that this so-called collateral oral agreement was not inserted in exhibit F or…

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