[1989]DLSC511 • January 13, 1989 • Supreme Court •
ADDAI vs. PIONEER TOBACCO CO. LTD.
The plaintiff, a vehicle dealer, responded to an advertisement by the defendants for the sale of vehicles by tender. He successfully bid for a Land Rover (ARA 74), which he inspected prior to bidding and believed had a new engine being mounted. The defendants denied that a new engine was installed at the time of sale, asserting that the new engine was fitted after the advertisement. A dispute arose over whether the vehicle sold included a new engine, leading to the plaintiff's refusal to pay additional costs and the defendants' attempt to rescind the sale.
read moreJUDGMENT OF FRANCOIS J.S.C. The plaintiff ‘s action is founded on detinue. The claim arises from a breach of contract to release a vehicle after a successful tender. On 3 June 1986, the defendants placed advertisements in some local newspapers expressing an intention to sell some of their vehicles. The advertisement in the Ghanaian Times of 3 June 1986 was repeated on 6 June 1986 and in the Peoples Daily Graphic of 12 June 1986 (see exhibits a, b and 1). The plaintiff who describes himself as a dealer in vehicles, says the advertisement of 3 June caught his eye and he consequently sent bids to the defendants for all the vehicles advertised. He was unsuccessful in all the bids except one which related to a Land Rover, ARA 74. It is the subject of controversy in this suit. The plaintiff pleaded that prior to his tender, he inspected the Land Rover ARA 74, which was then at the workshop of Leyland Motors. Indeed, the advertisements provided for such an inspect.....