Naranjee v Khan and Another (Civil Suit No. 540 of 1952) [1953] EACA 12 (1 January 1953)
Court
East African Court of Appeal
Case number
Civil Suit No. 540 of 1952
Judge
Windham J
Court held the second defendant liable on five promissory notes: the endorsement was authorized, presentment delay was reasonable, and notice of dishonour was unnecessary.
Naranjee v Khan and Another (Civil Suit No. 540 of 1952) [1953] EACA 48 (1 January 1953)
Court
East African Court of Appeal
Case number
Civil Suit No. 540 of 1952
Judge
Windham J
The court upheld liability on five promissory notes, finding the endorsement authorized, the 16–18 month delay in presentment reasonable, and notice of dishonour unnecessary.
Karimjee Jivanjee and Co. v Dhanjee (C.C. 47/1932 (Mombasa).) [1933] EACA 8 (1 January 1933)
Court
East African Court of Appeal
Case number
C.C. 47/1932 (Mombasa).
Judge
Dickinson, J
The court found that the insertion of the words 'Payments guaranteed by me' after the defendant's endorsement constituted a material alteration of the promissory notes without the defendant's knowledge or consent. This alteration vitiated the instrument and discharged the defendant from liability as an endorser. Furthermore, the plaintiffs failed to establish a separate contract of guarantee apart from the promissory notes. As the notes were not endorsed over to holders in due course, the defendant's potential liability as an endorser never arose. The action was dismissed with costs awarded t…