ADDAI
V.
PIONEER TOBACCO CO. LTD.

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 inspection. It was the plaintiff’s case that he obs…