Ratio DecidendiRatio Decidendi


(1962) JELR 69789 (HC)    
High Court  ·  9 Apr 1962 ·  Ghana
Other Citations
[1962] GLR 261

Ratio Decidendi

Core Terms Beta
hire-purchase agreement
cost of repairs
second-hand vehicle
statement of claim
first month
middle of july
plaintiff’s claim
10th september
accra-kadjebi road
bona fide
completion of the repairs
date of judgment
date of the seizure
effect of a judgment
engine of the car
evidence of the plaintiff
exercise of the powers
hire agreement
hire agreement exhibit
hire agreement exhibit a
hire-purchase act
loss of earnings
matter of fact
motor driver
owner of the car
payment of the instalments
payment of the monthly instalments
peki junction
plaintiff’s request
presence of a witness
present value
reason of paragraphs
request of the defendant
right of the hirer
running account
said company
said requirement
said vehicle
support of that contention evidence
whole period of his default
workshop of messrs. r.t. briscoe


The plaintiff’s claim is for the return of a Mercedes Benz car No. TV. 119 seized by the defendant, and for loss of earnings from the 10th September, 1961 the date of the seizure, to the date of judgment.

The defendant is the owner of the car, a second-hand vehicle. He let the same to the plaintiff upon a hire agreement exhibit A dated the 8th November, 1960. According to the plaintiff the engine of the car broke down in May, 1961, while he was travelling from Kadjebi to Accra, and that upon the advice or request of the defendant he took the car to the workshop of Messrs. R.T. Briscoe who repaired it at a cost of £G465. That amount was debited to a running account which the defendant had with the said company. The repairs were completed in June, 1961. The plaintiff said that after the completion of the repairs he had a meeting with the defendant and it was agreed between the two of them in the presence of a witness that the plaintiff should pay £G30 a week to Messrs. Brisco…

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