Ratio DecidendiRatio Decidendi


(1989) JELR 63932 (SC)    
Supreme Court  ·  13 Jan 1989 ·  Ghana
Other Citations
[1989-90]1 GLR 526

Ratio Decidendi

Core Terms Beta
new engine
leyland motors
land rover
land rover ara
workshop manager
exhibit c
ghanaian times
pioneer tobacco co. ltd.
answer excerpt
breach of contract
chassis of the said vehicle no. ara
company secretary
company secretary’s evidence
context of his further statement
defendants’ cashier
defendants’ offer
following question
fundamental difference
further support
genuine mistake
letter of acceptance
local newspapers
mr kwabena akomeah
normal course of events
occurrence of a mistake
plaintiff fails
plaintiff’s bid
plaintiff’s case
plaintiff’s perception
preliminary factual issue of prime importance
price of the new engine
public declaration
reciprocal successful bid of the plaintiff
redeeming feature
relevant evidence of the defendants
statement of claim
statement of defence
subsequent acts of the defendants
successful tender
tempting offer
transfer of ownership of the said land rover
true commercial astuteness
true position
workshop of leyland motors


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…

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