Facts
The appellant wanted to buy a car from M/s Cooper Motors Corporation Ltd. Since the seller insisted that payment must be in US dollars the appellant approached a third party who drew a cheque in favour of the corporation. The appellant undertook to reimburse the drawer in local currency. Upon the appellant presenting the cheque to the corporation it was made clear to him that the motor vehicle would be realised to him only after the cheque was cleared and the proceeds thereof received by the Land Rover Factory in England. After about a month the corporation informed the appellant orally and later by a letter that the cheque had been cleared. The appellant reimbursed the drawer of the cheque. The Corporation delivered the motor car to the appellant. Later the Corporation claimed that the cheque had not been cleared. Such revelation was followed by criminal proceedings which ended up with acquittal of the appellant and others and an order that the motor vehicle be restored to the Corporation. This appeal was against the restoration order.
Held: (i) Once the Corporation had repeatedly assured the appellant that all was all right and that it had duly received the proceeds of the cheque; it seems plain to us that the corporation cannot validly be heard to come back to the appellant and allege that it has not received consideration for the motor vehicle, contrary to its own earlier assurances which were as clear and unambiguous as they could possibly be.
(ii) the restoration order was wrongly made in as much as it purported to benefit the corporation which was all along to blame.
Case Information
Appeal allowed.
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