APALOO J.A.: This appeal is from the decision of his honour Judge Sampson and relates to the seizure of a Mercedes Benz bus by the appellant. There was considerable divergence between the appellant and the respondent on the facts in the court below. That conflict was resolved in favour of the respondent. The learned judge’s resolution of the facts was not contested before us. The complaint which the appellant makes and on the basis of which he invited us to reverse the decision was one of the law. To determine to what extent it is well or ill founded, it is necessary to relate the facts which the learned judge accepted.
Some time in December 1968, a Nigerian national by the name of Agbejule advertised for sale in the newspapers, a Mercedes Benz bus No. SG 5163 which he owned. The respondent who was then in the employ of the Fire Services, was minded of purchasing this vehicle. He therefore approached Agbejule and offered to buy the bus. This offer was accepted and the vehicle was sold …