Patel Brothers v Hasmani
Patel Brothers v Hasmani (Civil Appeal No. 65 of 1951) [1952] EACA 170 (1 January 1952)
The Court of Appeal held that the trial judge erred in placing the burden of proof regarding consideration on the plaintiff. The evidence established that the cheque was given by the defendant at the request of his son, Esmail, to accommodate Esmail and procure forbearance from suit. Such forbearance, whether express or implied, is valuable consideration in law for a bill or cheque. The respondent failed to rebut the presumption of consideration and called no evidence to explain the transaction otherwise. The court found that the substance of the transaction was forbearance to sue Esmail, and…
Source excerpt
- Cheque Liability
- Presumption Of Consideration
- Forbearance As Consideration
- Burden Of Proof
- Interest On Bills
- Procedure On No Case To Answer