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BENJAMIN ALIDU
V.
ISAAC QUAINOO AND WENDY QUAINOO

(2016) JELR 65320 (HC)

High Court 26 Feb 2016 Ghana
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- Repossession of goods under a hire purchase agreement, where at least half the purchase price has been paid, is unlawful without a court order (per s.8(1) of the Hire Purchase Act, 1974 (NRCD 292)); such goods are deemed “protected goods.

Case Details

Suit Number:SUIT NO. BDC/26/2010
Judges:SAMUEL K. A. ASIEDU
Counsel:MR. ROBERT DASSAH FOR THE PLAINTIFF ,MR. CHALRES IMBEAH FOR THE DEFENDANT

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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