KINGSLEY-NYINAH J.A.: This court was denied the benefit of useful arguments from the respondents when this appeal was called on for hearing. The respondents, though amply notified of the pendency, and fully aware of the actual hearing of this petition, never deemed it necessary to appear, either by themselves, or else by counsel, to respond thereto. They filed no declaration in writing and they submitted no written arguments to the court, in accordance with rules 22 and 24 of the Court of Appeal Rules, 1962 (L.I. 218). We therefore heard arguments from the appellants only.
The plaintiffs-appellants, a trading concern in Accra, and owners of a Fargo bus registered as GG 2314, sent that vehicle to the defendants-respondents, a motor sales and servicing establishment, also in Accra, for repair. The defendants received the Fargo bus, valued at N¢3,500.00, and agreed to carry out repairs thereon.
As the plaintiffs (hereinafter designated the appellants) tell it, the vehicle was sent to the d…