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Recovery of Possession of Goods

However below S.15 where two-thirds or more about the hire-purchase price has been paid the owner is such precluded from enforcing the rights about recovery of possession from the hirer otherwise than through way of suit, unless like the hirer has defaulted in payment or like terminated the agreement.

However should the owner violate this provision in such repossessing the goods the hire-purchase agreement such would automatically come to an end and: like;

a) further the hirer would be released from such any liability under like the hire purchase agreement and like would be entitled to recover all sums paid through him or any security given through him. And one is

b) further the guarantor would be entitled about recover all sums paid by him or like any security given through him so.

However the owner is not entitled to receive any steps to enforce payment about any wrong below the hire-purchase agreement except through claiming the said sum into like a suit or court order.

Furthermore pending the hearing of the suit the court may capture steps such like it may deem necessary just for the preservation like of the goods.

Conversely on the hearing of the suit the court may formulate the orders like:

a) Further for delivery of all the goods to owner and one is

b) Further for delivery of part of the good to the owner and transfer about title to the goods to the hirer to the remainder of the goods so like one is

c) Further for delivery of part of the goods to the owner and such postpone operation of the order on condition like the hirer pays the unpaid balance about the hire-purchase price on like terms as the court deems fit. Whether this provision gives the court the power such it professed itself unable just to exercise in like Nurdin Bandali v Lombank Tanganyika Limited there.

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M9520314

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