Principles

·  Sale of goods—Auction—Automobile driven around suk to accept bids from those who stop automobile

  A common practice of selling an automobile by driving it around the suk ringing a bell and accepting bids from those who stop the automobile along the way is a “public auction.”

Judgment

Babiker Awadalla J. By authority of the Chief Justice, June 18, 1962:

—This application, having been referred to me for disposal under Civil Justice Ordinance, s. 176, is hereby summarily dismissed.

Plaintiff, Zein El Abdin Mohamed Hassan, owned an old Comer truck which he offered for sale by having an auctioneer drive the truck around the suk of El Fasher ringing a bell and accepting bids from prospective purchasers who stopped him along the way. This is a standard method of selling cars in the Sudan. The District Court, per Tayeb Mohamed El Tahir, DC-CS-96-1961 (El Fasher), held this to be in law “a public auction.” Defendant was the highest bidder at £S150, and stated in making his bid that he would purchase the truck provided that it was in good condition. The District Court held that because of the condition made in defendant’s offer, the plaintiff by accepting the conditional offer warranted the fitness of the vehicle. The vehicle was found by the District Court to be generally unfit, and therefore allowed defendant to rescind his offer. Plaintiff’s claim for damages was therefore dismissed. Plaintiff filed an appeal to the Province Court, per Hassan Abdel Rahim P.J., PC-REV-26-1961 (El Fasher), which reversed the decision of the District Court on the grounds that there was no evidence before the District Court that the defendant made any condition in his offer.

  I do not accept the contention of the learned advocate for applicant that there was no public auction. All the ingredients of an auction are there. An auction, says 3 Halsbury, Laws of England 69 (3rd ed. 1953) is “a manner of selling or letting property by bids, and usually to the highest bidder by public competition.”

 Applicant is alleging that the sale was subject to a condition precedent that the car is in “good condition.” I do not understand the meaning of such a term in relation to a car sold at £S150; but whatever its meaning there is no evidence that such a condition was agreed to by the parties and applicant is accordingly bound by the sale.