OLLENNU J.A.
This is an appeal from a judgment of the High Court, Sekondi, reported in [1962] 1 G.L.R. 350, which dismissed the appellant’s (hereinafter called the plaintiff) claim for (i) £G687 14s. being money had and received on a hire-purchase agreement and (ii) £G100 damages.
The main facts are not in dispute and are briefly as follows: By a hire-purchase agreement of 28 August 1959, the defendants (respondents herein) let an Austin Omni truck AF 9366 on hire to the plaintiff at a hire-purchase price of £G860. By August 1960, the plaintiff had paid £G687 14s. of the hire-purchase price, which is more than 75 per cent of the hire-purchase price.
On 16 December 1960, the vehicle was attached at the instance of one J. K. Korsah, under a writ of fi. fa. in execution of a decree of the Sekondi Local Court against the plaintiff and the vehicle was seized and taken in possession by the sheriff. On 19 December 1960, the execution creditor, J. K. Korsah, went personally to the sheriff and to…