MANU v. EMERUWA

JUDGMENT OF ABBAN J.

In this action the plaintiff claims from the defendant: (a) damages of N¢8.00 a day from 15 October 1968, to the date of judgment for the use of the plaintiff's vehicle, No. GK 6; (b) an order for the return of the said vehicle to the plaintiff. The facts in this case appeared to be simple and straightforward, but they raised very interesting legal points which demanded careful attention.

The plaintiff in his evidence averred that on 15 October 1968, he was in some financial difficulties and he approached the defendant from whom he borrowed an amount of N¢1,000.00. The plaintiff promised to refund the N¢1,000.00 in full on 30 October 1968. According to the plaintiff, he deposited with the defendant his vehicle, an Opel Caravan with registration number GK 6, together with its insurance policy, quarter licence and key. The understanding was that the defendant was to keep the said vehicle and those documents as security for the repayment of the said loan of N¢1,000.00. The transaction was embodied in writing which was tendered by the plaintiff as exhibit A. The plaintiff stated that the defendant was not to use the vehicle. But contrary to the agreement, the defendant used the vehicle with the result that the said vehicle was badly damaged.

The only witness for the plaintiff, Kofi Akowua, stated that the plaintiff 's said vehicle was sent to his workshop for repairs by the defendant and her son Anthony. This witness, who is a fitter by profession, further averred that on the first occasion when he tested the vehicle at the request of the defendant he found that there was something wrong with the clutch and he repaired it. He said the defendant's son used the vehicle to learn how to drive and in the course of these driving lessons, the son damaged the steering and the brakes. As a result, the vehicle was sent to his fitting shop for the third time for repairs. He said on this third occasion the letter "L", written on a white card, had been conspicuously fixed on the car indicating that the vehicle was being used or driven by a learner. Mr. Akowua stated that after he had effected repairs on the vehicle he used to see the vehicle being driven by the defendant's son, Anthony, in the town and along trunk roads.

The defendant in her evidence stated that about three years ago the plaintiff in the company of another young man went to her shop and asked her for a loan of N¢1,000.00. To be sure of repayment the plaintiff offered his vehicle