Ali v Mohamed and Co (Civ. App. No. 16/ 1938)
Ali v Mohamed and Co (Civ. App. No. 16/ 1938) [1938] EACA 204 (1 January 1938)
Section 26(2) of the Sale of Goods Ordinance, 1930, does not apply to transactions where the immediate vendor has no title or authority to sell. The term 'seller' in section 26(2) refers only to someone with a legal right or authority to sell, not to one who merely purports to sell without title. Bounvialle, as a hirer under a hire-purchase agreement with only an option to purchase, was a bailee and not a buyer, and thus could not transfer title to the appellant. Consequently, the appellant could not pass good title to the respondents. The respondents are entitled to damages for breach of war…
Source excerpt
- Sale Of Goods
- Warranty Of Title
- Transfer Of Title
- Hire Purchase
- Bona Fide Purchaser