JAPAN MOTORS TRADING CO. LTD. V. WILLIAMS

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 and 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 the repair of one vehicle only they sent…