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Duder v Baillie (Civil Case No. 339 of 1951) [1952] EACA 281 (1 January 1952)
A hire-purchase owner kept title to a motor car despite notifying an insurer and the motor registrar. The buyer took no better title than the hirer had.
Ali v Mohamed and Co (Civ. App. No. 16/ 1938) [1938] EACA 204 (1 January 1938)
Section 26(2) of the Sale of Goods Ordinance, 1930, does not apply to transactions where the immediate vendor has no title or authority to sell. The term 'seller' in section 26(2) refers only to someone with a legal right or authority to sell, not to one who merely purports to sell without title. Bounvialle, as a hirer under a hire-purchase agreement with only an option to purchase, was a bailee and not a buyer, and thus could not transfer title to the appellant. Consequently, the appellant could not pass good title to the respondents. The respondents are entitled to damages for breach of war…
Source excerpt
Said and Another v South British Insurance Comapany Ltd (C.C. 85/1931 (Mombasa).) [1932] EACA 46 (1 January 1932)
In a joint motor-car insurance policy, the court found the hirer had deliberately set the car on fire and could not recover, but the owner could recover to the extent of his insurable interest.
