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1 Jan 1953

Commercial And Corporate [1953] EACA 35

Doshi v Patel

Doshi v Patel (Civil Suit No. 326 of 1952) [1953] EACA 35 (1 January 1953)

Court: East African Court of Appeal
Case number: Civil Suit No. 326 of 1952
Judge: Windham J

The court held that the promissory note was admissible in evidence despite being unstamped because presentation for payment was not legally necessary, as the defendant was the maker and the note was not payable at a particular place. Section 22 of the Stamp Ordinance was therefore inapplicable. Regarding limitation, the court found that the Indian Limitation Act, 1908, did not extinguish the contract but merely barred the remedy in India. Section 37(2) of the Limitation Ordinance only allows a foreign limitation law as a defence if it extinguishes the contract, which was not the case here. Th…

Source excerpt

Promissory Note Liability
Foreign Contracts
Limitation Periods
Admissibility Of Evidence

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1 Jan 1936

Commercial And Corporate [1936] EACA 131

Jetha and Others v Gordhandas (C.C. No. 61/1936)

Jetha and Others v Gordhandas (C.C. No. 61/1936) [1936] EACA 131 (1 January 1936)

Court: East African Court of Appeal
Case number: C.C. No. 61/1936
Judge: Lane, Ag. J

The court held that the promissory note executed by Pitamber was supported by fresh consideration, namely the financial assistance and credit provided by the plaintiffs when Pitamber started his business after his father's bankruptcy. The agreement was not void as contrary to the spirit of bankruptcy law or public policy because the consideration was given to Pitamber, who was not a debtor in bankruptcy, and the promise was enforceable against his estate. The existence of an earlier promissory note and the renewal thereof kept the promise alive and avoided limitation. The defendant failed to…