Overman Reid and Company and Another v Karim (C.C. 42/1931 (Mombasa).)
Overman Reid and Company and Another v Karim (C.C. 42/1931 (Mombasa).) [1934] EACA 26 (1 January 1934)
The court held that although a subsidiary contract existed between Overman and Company and the defendant, the plaintiffs' rights under this contract could only arise upon actual presentation of the shipping documents to the defendant. The buyer under a C.I.F. contract is entitled to insist on physical presentation of shipping documents before payment. The alleged local usage in Mombasa was not proved to be so universally accepted as to modify this requirement. Previous conduct by the defendant did not amount to a waiver of his right to presentation, and the circumstances did not establish est…
Source excerpt
- Cif Contracts
- Presentation Of Shipping Documents
- Subsidiary Contracts
- Local Trade Usage
- Waiver And Estoppel