Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BENJAMIN ALIDU
V.
ISAAC QUAINOO AND WENDY QUAINOO

(2016) JELR 65320 (HC)    
High Court  ·  SUIT NO. BDC/26/2010 ·  26 Feb 2016 ·  Ghana
CORAM
SAMUEL K. A. ASIEDU

Ratio Decidendi

Core Terms Beta
court finds
hire purchase basis
cargo truck
hire purchase agreement
bailment of goods
close scrutiny of exhibit
statement of claim
penultimate page
plaintiff
sale of the truck
total price of gh
full payment of the total price of the vehicle
price of the truck
plaintiff-hirer
virtue of the fact
evidence of payment of the hire purchase price
evidence
part owner of the truck
attorney general
amount of gh
exhibit
said truck
person of kwasi badu
opinion of the court
total price
agreement
present case
parties
cross examination
court
hire purchase act
proof of the disposition exhibit
course of time
order of the court
following question
agreed amount gh
case
payment of the monthly installment
statement of defence
copy of the hire purchase agreement
court order
signatures
said agreement
such circumstances
exhibit b
brother kofi eric
total cost of the vehicle
exhibit a

JUDGMENT

ASIEDU, J.

The 1st defendant herein imported into the country a cargo truck and put it up for sale. After a while, the plaintiff whose friend is one Badu, a nephew of the 1st defendant got to know of the sale of the truck and expressed interest in acquiring the truck but it so happened that the plaintiff did not have enough resources to buy and pay for the price of the truck outright so the plaintiff was introduced to the 1st defendant by his friend Badu whereupon the plaintiff entered into negotiations with the 1st defendant to enable the plaintiff acquire the said truck on a hire purchase basis.

An agreement was eventually reached by the plaintiff and the 1st defendant after which the cargo truck was released to the plaintiff. This agreement was reduced into writing. In the course of time the 1st defendant repossessed the truck from the plaintiff. The plaintiff therefore issued the instant writ against the defendants for

1. A declaration that by the hire purchase agreement exec…

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