(1965) JELR 63542 (HC)    
High Court  ·  29 Nov 1965 ·  Ghana
Other Citations
[1965] GLR 688
Core Terms Beta
learned judge
breach of contract
second party
unpaid seller
forfeiture clause
appellant’s counsel
circuit judge
credit sale agreement
first party
learned circuit judge
present case
case of default
following words
law of an agreement
sale of goods
absence of express terms
alleged notice
annual practice
appellant of his intention
appellant’s claim
archer j.
authoritative dictionaries of the english language
circuit court
contract of hire-purchase
delivery of the said vehicle
first instalment
first portion of paragraph
following note
following observation
high court
initial deposit
last portion of paragraph
monthly payments
ownership of the seller
part of the judgment
part of the second party
part payment of the purchase price
provisions of the sale of goods act
refund of the deposit
right of seizure
second edition
shilcock9 finnemore j.
sole ground
terms of the agreement
terms of the credit sale agreement
time of the sale
white book

ARCHER J.: The facts in this appeal briefly are as follows: the appellant, by a credit sale agreement dated 15 May 1964 (admitted in evidence in the court below as exhibit A) purchased one Bedford truck No. CP 8405 from the respondent for the price of £G300. Under the terms of the agreement, the appellant paid an initial deposit of £G100 and was to pay thereafter £G40 a month as from 15 June 1964 until the balance of £G200 had been paid. Although the first instalment was due on 15 June 1964, the appellant paid it on 26 June 1964 after the respondent had seized the vehicle on 16 June. The lorry was released to him.

Thereafter no further monthly payments appeared to have been made by the appellant. On 27 September 1964, the respondent seized the lorry when the appellant was in default in respect of the monthly instalments due in July, August and September 1964 by virtue of a power of seizure conferred by the credit sale agreement on him in case of default. On 12 October 1964, the respond…

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