Ramji v Regional Commissioner of Customs and Excise (Civil Suit No. 70 of 1953) [1953] EACA 9 (1 January 1953)
Court
East African Court of Appeal
Case number
Civil Suit No. 70 of 1953
Judge
Windham J
The court held that a Kenya import licence was required for a car brought from Uganda and originally from the Belgian Congo, and upheld forfeiture under customs law.
Maclaine Watson and Co. Ltd v Shah (Civil Appeal No. 58 of 1956) [1950] EACA 366 (1 January 1950)
Court
East African Court of Appeal
Case number
Civil Appeal No. 58 of 1956
Judge
Bacon, JA, Briggs, JA, Sinclair, VP
The Court of Appeal held that the refusal of an import licence by the Government did not render the contract void for impossibility of performance under section 56 of the Indian Contract Act. The respondent's contractual obligation was to accept delivery of the rice at Mombasa and pay the contract price upon tender of proper shipping documents. There was no express or implied term requiring the appellant to obtain the import licence. The inability to import the rice into Kenya did not prevent the respondent from performing his contractual obligations, as he could have accepted the rice and di…