Read the full judgment text of CACV 33/1971 on BabelCite. This Court of Appeal judgment was delivered on 30 March 1972.
1. The respondents (plaintiffs) contracted to sell sandals to the appellant (defendant) who in turn sub-contracted to sell those sandals to purchasers in Somalia. There were a number of contracts between the respondents and the appellant on the one hand, and between the appellant and his Somalian customers on the other. Each of the contracts between the appellant and the sub-purchasers in Somalia contained a condition, or exception, in the following terms:–