D. C. Asante Akuffo & Anor V. L. D. Asante (1953)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Tort—Goods taken under term in contract.

Facts

The plaintiffs had given a memorandum with this term: ” If we fail to undergo the above agreement of paying the said sum of £300 he has right to cease (meaning seize) the lorry and sell to cover the balance due.”

They sued contending that nevertheless the memorandum did not give the defendant power to seize the lorry. The trial Judge held that in view of that term between creditor and debtor, the defendant had the right to seize the lorry. The plaintiff appealed.

Held

The appellant had conferred on the respondent the right to seize the lorry and the licence was properly exercised; consequently no action lay in trespass.

Appeal dismissed.