26Restriction on rights of vendors

#### 26 Restriction on rights of vendors 26 Restriction on rights of vendors (cf Act No 48, 1930, s 20) > > (1) A vendor shall not, without leave of the court— > > > > > (a) call up or demand payment for the hirer of any sum due under a hire-purchase agreement, > > > > > (b) commence any action or proceeding for the breach of any covenant or condition expressed or implied in any hire-purchase agreement, > > > > > (c) take any steps for obtaining possession of the goods the subject of a hire-purchase agreement. > > > (2) Nothing in this section shall preclude the person to whom an instalment is, by the terms of a hire-purchase agreement, due, from taking action to recover the same in any court of competent jurisdiction, but the defendant in any such action may file a defence relying on this Act, and such court shall in such action in addition to any other defence set up consider the claim of the defendant for relief, and may grant such relief under the provisions of this Act as appear to such court just and equitable, and in granting such relief the court shall in such action take into account the conduct of both parties to the transaction. > > > (3) Notwithstanding the provisions of this section where the terms of any hire-purchase agreement provided that the goods the subject-matter of the agreement shall not without the consent of the vendor be removed from the premises where such goods are kept or to which they have with the consent of the vendor been removed, and such goods have before or after the commencement of this Act been removed from such premises without the consent of the vendor, then and in any such case the vendor may without leave of the court repossess such goods and exercise all or any of his rights, powers, and remedies under the hire-purchase agreement— > > > > Provided nevertheless that the hirer may within one month after such repossession apply to the court for an order that the goods be returned to him, and the court may in its discretion and having regard to all the circumstances of the case order such return upon such terms and conditions as it thinks fit.