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TAYLOR v. S.Y. SASU AND SONS

November 20, 1972

COURT OF APPEAL

CORAM

  • APALOO
  • AMISSAH
  • SOWAH JJ.A

Areas of Law

  • Contract Law
  • Commercial Law
  • Civil Procedure

AI Generated Summary

The Court of Appeal unanimously allowed the appeal of a hirer who sued for wrongful seizure of a seven‑ton Albion lorry (AT 7889) purchased under a hire‑purchase agreement with the respondents. The original August 4, 1966 contract price was N¢12,400, payable by N¢2,600 deposit and fourteen instalments of N¢700. After five instalments, the respondents seized the lorry around June 1967 but accepted N¢610 on July 19, 1967 and returned it. Additional payments followed, and the lorry was seized again in October 1968 and finally in April 1969. The respondents claimed a fresh hire‑purchase agreement dated December 1, 1967 with a new price, yet failed to produce it. Amissah J.A., writing for the court, found the alleged second agreement unproven and held that acceptance of the July 1967 payment raised total payments above half the price, triggering section 69 protections. Apaloo J.A. concurred, invoking policy and comparative law, and awarded N¢8,843 plus costs. Sowah J.A. agreed.

JUDGMENT