P. B. Pedro & Anor V. The Attorney-General (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Bond required to be executed by an auctioneer under Regulation 183 of the
Customs Regulations waived-Auctioneer granted further time to make
payment-Effect of such extension of time on the liability of sureties upon a
bond given under the Sales of Auctions Ordinance.

Facts

The appellants were the sureties under a bond given by an auctioneer under
section 9 of the Sales by Auction Ordinance.

The auctioneer had not been
called upon to enter into a bond as required by Regulation 183 of the Customs Regulations and, furthermore, had been granted an extension of time to pay
the proceeds of sale.

Counsel for the appellants argued that this extension of time for payment
and failure to take the bond under the Customs Regulations absolved the
appellants from their liabilities as sureties under a bond given under section 9of the Sales by Auctions Ordinance.

Held

The two bonds were entirely separate and distinct.
The bond under section 9 of the Sales by Auction Ordinance was conditioned that the auctioneer should conform to all and every provision of that Ordinance.

Any extension of time for payment could not affect the liabilities of the sureties under their
bond as the auctioneer had failed to comply with the provisions of the Sales by Auction Ordinance.

Appeal dismissed.