JUDGMENT OF KORANTENG-ADDOW J.
The plaintiff was an alien who was trading in Ghana, dealing in motor spare-parts. He had to leave the country as a result of the government legislation requiring all aliens trading in some fields to leave the country to enable Ghanaians to take up those activities. Before leaving he sold his business to the defendant. He entered into two separate transactions in that regard. The first agreement is dated 14 November 1970 with a supplementary one dated 20 March 1971. And the second transaction was made under an agreement dated 1 December 1970. There was also a supplement to this.
Under the first agreement the plaintiff, described as the vendor, sold to the defendant "the business of a dealer in spare-parts heretofore carried on by the vendor in the premises comprising a four door store with one wholesale situate at plot No. 1 Block A Suame."
The stock-in-trade of the business is, as I have stated above, motor spare-parts. The value of the goods in the store and wholesale at the time of the sale was ¢37,602.00 and was to be paid by monthly instalments of ¢5,000.00. By the supplementary agreement the purchase price was reduced by ¢417.84 and the monthly instalments were reduced from ¢5.000.00 to ¢3,000.00. At the time of the supplementary agreement the balance outstanding was ¢25,184.00. This amount was to be paid in seven instalments. At the time the action was brought the balance stood at, ¢19,184.16.
Under the second transaction the plaintiff sold his business that was carried on in a two door store and a small wholesale situate at plot No.600 Old Town, section B, Dominase Road, Kumasi. The purchase price in the case was ¢29,924.32 and had to be defrayed by monthly instalments of ¢5,000.00. By another supplementary agreement the quantum of the instalments was also reduced to ¢3,000.00. At the time of the supplementary agreement the amount outstanding was ¢18,924.32. That amount also had to be paid in seven instalments. And the balance still unpaid when this action was instituted was ¢15,924.32. The total indebtedness of the defendant to the plaintiff is now ¢35,108.48 and it is for this amount that the plaintiff brought this action.
[p.251]
As the claim is for a liquidated debt, after the defendant had appeared to the writ, the plaintiff took out a summons under Order 14, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). As a consequence of that move the defendant filed an affidavit asking
