BENJAMIN ALIDU vs ISAAC QUAINOO & ANOR

The 1st defendant herein imported into the country a cargo truck and put it up for sale.

After a while, the plaintiff whose friend is one Badu, a nephew of the 1st defendant got to know of the sale of the truck and expressed interest in acquiring the truck but it so happened that the plaintiff did not have enough resources to buy and pay for the price of the truck outright so the plaintiff was introduced to the 1st defendant by his friend Badu whereupon the plaintiff entered into negotiations with the 1st defendant to enable the plaintiff acquire the said truck on a hire purchase basis.

An agreement was eventually reached by the plaintiff and the 1st defendant after which the cargo truck was released to the plaintiff.

This agreement was reduced into writing.

In the course of time the 1st defendant repossessed the truck from the plaintiff.

The plaintiff therefore issued the instant writ against the defendants for a. A declaration that by the hire purchase agreement executed between the parties aforesaid the plaintiff is a part owner of the truck in dispute.

b. An order compelling the defendants to release the truck forthwith to the plaintiff.

c. An order compelling the defendants to pay amount equating GH₵2, 000 per month for the period they confiscated the truck from the plaintiff for his loss of income.

d. An order compelling defendants to pay damages to the plaintiff.

e. Costs After the service of the writ and its accompanying statement of claim on the defendants an Appearance was entered and later a statement of defence was filed by the 1st defendant.

And after the failure of pre-trial settlement, the case was set down for hearing wherein the plaintiff gave evidence and then called one witness to close his case.

The 1st defendant also gave evidence and called a witness to close his case.

From the pleadings filed by the parties, particularly paragraphs 6 and 7 of the statement of claim as well as paragraph 3 of the statement of defence, the court finds that the parties agree that they entered into a hire purchase agreement whereby the 1st defendant agreed to sell his truck to the plaintiff on a hire purchase basis and that the said agreement was reduced into writing.

Exhibit A tendered by the plaintiff attests to the hire purchase agreement entered by the parties.

The 1st defendant also tendered exhibit 1 which according to him is a copy of the hire purchase agreement.

A close scrutiny of exhibit 1 shows immediately that exhibit 1 is a com