East Africa Roofing Co. Ltd v Pandit (Civil Suit No. 992 of 1953) [1954] EACA 86 (1 January 1954)
Court
East African Court of Appeal
Case number
Civil Suit No. 992 of 1953
Judge
Cram J
A company’s application to set aside dismissal failed because a company cannot appear by its manager. The court also held the claim was not time-barred.
Doshi v Patel (Civil Suit No. 326 of 1952) [1953] EACA 35 (1 January 1953)
Court
East African Court of Appeal
Case number
Civil Suit No. 326 of 1952
Judge
Windham J
The court held that the promissory note was admissible in evidence despite being unstamped because presentation for payment was not legally necessary, as the defendant was the maker and the note was not payable at a particular place. Section 22 of the Stamp Ordinance was therefore inapplicable. Regarding limitation, the court found that the Indian Limitation Act, 1908, did not extinguish the contract but merely barred the remedy in India. Section 37(2) of the Limitation Ordinance only allows a foreign limitation law as a defence if it extinguishes the contract, which was not the case here. Th…