Osei Kofi V. J. E. Mensah (1930)
LawGlobal Hub Judgment Report – West African Court of Appeal
Sale of Goods—Payment by instalments—Agreement by purchaser to allow goods to be seized on failure of instalments not binding on purchaser.
When an outright sale of goods takes place and the purchaser makes default in paying the agreed instalments, the seller has no right to retake the goods, even though the purchaser in his contract has agreed to that course.
E. 0. Asafu-Adjaye and S. A. Okai-Idun for the Plaintiff-Appellant.
Ofei Awere for the Defendant-Respondent.
The following judgment was delivered by Deane, C.J. the Gold Coast Colony and concurred in by Hall, J. and Sawrey-Cookson, J. :
DEANE, C.J. THE GOLD COAST COLONY.
The question that had to be decided in this case in order to determine whether or not the Defendant had the right to seize this lorry was whether the lorry had been sold outright by the Defendant to the Plaintiff, in which case the property in the lorry would vest in the Plaintiff, or whether there was a hire purchase agreement under which the property would remain in the Defendant, so that he could take possession of it on failure by the Plaintiff to pay the instalments.
On the evidence we think there can be no doubt that an outright sale took place.
The Defendant’s witness Yaw Enin says ” I was present when the Plaintiff agreed to purchase a lorry from the Defendant ” That being the case, on the authority of Thompson v. Veale, 1896 74 L.T. 130, the Defendant would have 1?–■ right to seize the lorry on failure of the Plaintiff to pay the instalments, even although the Judge found that the Plaintiff had agreed in his contract to that course, and his only remedy would be to enforce payment of the instalments by action in the courts. This it is agreed is the English law on the subject, and although Mr. Awere argued that the native law was in his favour, he has not been able to adduce any authority to support that contention.
We assess the damages at £350.
There will be judgment for that amount with costs assessed at £19 12s. and costs in the Court below.
Th€ Court below to carry out.