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Hire-Purchase Act, 1974 (NRCD 292)

Section 9—Action to Recover Protected Goods.
(1) Where an owner or seller brings an action to recover possession of protected goods, the following provisions shall apply:—
(a) pending the hearing of the action, the court may, upon its own motion or upon application, make such orders as it thinks just for the purpose of protecting the goods from damage or depreciation;
(b) subject to sections 10 and 11, on the hearing of the action, the court may without prejudice to any other power—
(i) make an order for the specific delivery of all the goods to the owner or seller subject if necessary to the condition that the owner or seller refunds to the hirer or buyer such part of the sums paid as the court may direct; or
(ii) make an order for the specific delivery of all the goods to the owner or seller and postpone the operation of the order on condition that the hirer or buyer or any guarantor pays the unpaid balance of the hire-purchase price or total purchase price at such times and in such amounts as the court, having regard to the means of the hirer or buyer and of any guarantor, thinks just, and subject to the fulfilment by the hirer or buyer or a guarantor, of such other conditions as the court thinks just; or
(iii) make an order for the specific delivery of a part of the goods to the owner or seller and for the transfer to the hirer or buyer of the owner's or seller's title to the remainder of the goods.
(2) In this Part any reference to an order for the specific delivery of goods is a reference to an order for the delivery of those goods without giving the hirer or buyer an option to pay their value.
(3) Nothing in this section affects the liability of the hirer or buyer to the owner or seller for harm done to the goods intentionally or negligently.

Subject : Hire-Purchase Trading  

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