FIADZOE v. KUADZI

JUDGMENT OF 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. The plaintiff-respondent took delivery of the bus in terms of the agreement but had to spend a total of N¢624.20 for the purposes of the insurance certificate, certificate of roadworthiness and spare parts in order to put the vehicle on the road. The defendant-appellant seized the vehicle on or about 8 August 1971.

The statement of defence admits the agreement of 30 June 1971, the hire-purchase basis of the transaction and total payment of N¢672 at that date but denies that the first instalment of N¢250 was ever paid. The amount paid was N¢170 in July 1971 with no further payments until 23 August 1971 when the vehicle was seized. No admission is made of any of the claims of the Plaintiff-respondent.

[p.471]

The issues agreed for trial are:

(a) whether or not the plaintiff purchased the defendant's Toyota bus No. GM 162 by a hire-purchase agreement dated 30 June 1971;

(b) whether or not the said bus has been seized by the defendant;

(c) whether or not such seizure is lawful.

The undisputed evidence shows that the appellant and the respondent negotiated the sale of the former's bus to the latter for a total purchase price of N¢3,700 out of which amount the respondent had paid a total of N¢672 by 30 June 1971, the date of their written agreement, exhibit B. The first and second instalments were fixed in the sum of N¢250 payable on or before the 31 July 1971 and on or about 31 August 1971 respectively. Subsequent payments were fixed at N¢200 from 30