Section 48 of Sale of Goods Act CAP 31: Effect on sale of exercise of lien or stoppage in transitu

(1) Subject to the provisions of this section, a contract of sale is not rescindedby the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transitu.
(2) Where an unpaid seller who has exercised his right of lien or retention orstoppage in transitu resells the goods, the buyer acquires a good title thereto as against the original buyer.
(3) Where the goods are of a perishable nature, or where the unpaid sellergives notice to the buyer of his intention to resell, and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may resell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.
(4) Where the seller expressly reserves a right of resale in case the buyer should make default, and, on the buyer making default, resells the goods, the original contract of sale is thereby rescinded, but without prejudice to any claim the seller may have for damages.

Disclaimer: This document is not to be taken as legal advice.

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