JAPAN MOTORS TRADING CO. LTD. vs. WILLIAMS

The plaintiff purchased a Nissan diesel bus from Trans Africa Engineering & Motor Co. Ltd. When the vehicle broke down, instead of going to the original dealers for spares, the plaintiff ordered spares through the defendants, who placed an order with Toyoshima Special Steel Co. Ltd. in Japan. The vehicle was idle during this period, and the defendants were aware. The suppliers initially quoted a three-month delivery after receipt of a letter of credit, but later expressed reluctance to proceed due to the small order size. Despite this, the plaintiff paid for the spares via a Canadian account, and the defendants paid the suppliers. When the spares were delayed, the plaintiff sued the defendants for return of money, interest, and damages. The plaintiff later received the spares and abandoned claims for purchase price and interest but pursued damages for late delivery, which the trial court awarded.

JUDGMENT OF AMUA-SEKYI J.A. On the admitted facts, the plaintiff bought the motor vehicle in question, a Nissan diesel bus, from the Trans Africa Engineering & Motor Co. Ltd. For reasons that have not been disclosed, when the vehicle broke down, the plaintiff did not go to the dealers for spares, but rather to the defendants through one of whose directors, Jalal Kalmoni, he placed an order for the spares from Japan. It is agreed that at that time the vehicle was standing idle and the defendants, through their director, were aware of this. The order was placed with the Toyoshima Special Steel Co. Ltd. which by telex gave a quotation which reads: “We quote for Japan as follows: Line Part No Unit Price Delivery: three months after receipt of your L/C Terms: I.R. confirmed L/C at sight Packing: Wooden cases Validity: 50 days.” The suppliers evidently thought that the defendants required a large number of the spares. When they realised that they were required for t...