Uganda Case Law

Dharsi v South British Insurance Co. Ltd

Dharsi v South British Insurance Co. Ltd (Civil Appeals Nos. 40 and 41 of 1953) [1955] EACA 93 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeals Nos. 40 and 41 of 1953

Judge

Briggs, JA, Sir Enoch Jenkins, JA, Worley, P

The respondents failed to discharge the burden of proof that the vessel Muhammady was an absolute total loss at the time the Anglia car was lost. The evidence established that the hull was intact and repairs were possible, and the damage was not so extensive as to render the vessel irretrievably lost. The loss of the Anglia car, though total, was not due to the absolute total loss of the vessel, and the respondents did not prove constructive total loss, as they failed to show that the aggregate cost of salvage, repairs, and incidental expenses would exceed the vessel's value. Regarding the Va…

Source excerpt

• Marine Insurance
• Burden Of Proof
• Constructive Total Loss
• Actual Total Loss
• Salvage Rights
• Notice Of Abandonment