The MV Lilian S
1
1
Owners of the Motor Vessel “Lillian S” v Caltex Oil
(Kenya) Ltd
5
Court of Appeal, at Mombasa
Nyarangi, Masime & Kwach JJ A
November 17, 1989
Civil Appeal No 50 of 1989
(Appeal from an order of the High Court at Mombasa, Bosire J, in
Admiralty Cause No 29 of 1988 dated 28th February, 1989)
Admiralty Law – admirality jurisdiction of the High Court Kenya – circumstances in which the jurisdiction can be invoked – Judicature Act
(Cap 8), section 4 – Supreme Court Act, 1981 sections 20, 21.
Admiralty Law – goods supplied to a third party stored in a vessel – whether vessel owner incurs liability for the price of the goods – Supreme
Court Act, 1981 sections 20, 21.
Injunction – ex-parte injunction – duty of applicant to
…show more content…
Cases
1. River Rima, The [1987] 3 All ER 1, CA; (1988) 2 LG Rep 193, HL
2. I Congreso del Partido [1983] 1 AC 244; [1981] 3 WLR 328, HL;
[1978] 1 QB 500; [1981] 2 All ER 1064
3. Gatoil International Inc v Arkwright-Boston Manufacturers Mutual
Insurance Co & others [1985] AC 255; [1985] 1 All ER 129; [1985] 2
WLR 74, HL
4. Evpo Agnic, The [1988] 1 WLR 1090; [1988] 3 All ER 810
5. Brink’s-MAT Ltd v Elcombe & others [1988] 3 All ER 188; [1988] 1
35
40
The MV Lilian S
(Nyarangi, Masime & Kwach JJ A)
WLR 1350 CA
6. “Abidin Daver”, The [1984] 1 Lloyd’s Rep 339; [1984] AC 398; [1984]
2 WLR 196, HL
7. Schwarz & Co (Grain) v St Elefterio [1957] 1 Lloyds Rep 283; [1957]
2 All ER 374; [1957] 2 WLR 935
8. Moschanthy, The [1971] 1 Lloyd’s Rep 37
9. Gulf Venture, The [1984] 2 Lloyd’s Rep 455
10. Andria, The [1984] QB 477; [1984] 1 All ER 1126; [1984] 2 WLR
570, CA
11. River Jimini, The (29 June 1984, unreported) Rotterdam District Ct
12. Reg v Kensington Income Tax Commissioners ex parte Princess
Edmond de Polignac [1917] 1 KB 486 CA
13. Lloyd’s Bowmaker Ltd v Britannia Arrow Holdings PLC (Lavens Third
Party) [1988] 3 All ER 178
Texts
1. Saunders, JB (1969) Words and Phrases Legally Defined London:
Butterworths 2nd Edn Vol 3 p 113
2. Institute of Chartered Shipbrokers Staff, Shipbrokers Manual LLP
Incorporated Vol I page 90 para 3
Statutes
1. Supreme Court Act 1981 [UK] sections 20, 20(1)(a), 20(2)(a-s), 21(4),
21(4)(b)
2. Rules of the Supreme Court 1988
The appellant company (Youyang) was trustee of a discretionary trust formed in 1974 for the Hayward family. Minter Ellison Morris Fletcher’s (Minters) had been acting for EC Consolidated Capital Limited (ECCCL) since July 1991, all work in connection with the drafting of the documents relating to the subscription for preference shares in ECCCL was dealt with by Minters. As part of the subscription agreement Youyang deposited $500,000 in Minters trust account. Minters was entitled to release a section of the fund from the trust account to ECCCL for the purchase of a bearer deposit certificate to be issued by Dresdner International Financial Markets (Australia) Ltd (DAL), which could then be traded on the money market. When the certificate was obtained Minters then had the right to release the remainder of the funds to ECCCL based on the subscription agreement.
Cline(145)
It was day of Jan 24th 1948, James Marshall was building a new sawmill for John Sutter in South Fork of American river near Coloma valley.He spotted some flecks of shiny pebbles.His eyes sparkled when he discovered that it was gold.
The case that I have chosen to discuss is Case 85 Cal.Rptr.2d 844 (1999) 978 P.2d 2 20 Cal.4th 785 Peter Ramirez, Plaintiff and Appellant, v. YOSEMITE WATER COMPANY, INC., Defendant am Respondent, No. S070114, Supreme Court of California, June 17, 1999.
Carnegie Steel Company which was combined of Homestead Steel Works and a line of lake
The case involving Birch & Davis International, Inc., and Warren M. Christopher, the United States Secretary of State was decided on September 13th, 1993. The case involved procurement procedures conducted by the Agency of International Development (Open Jurist). The issue centered on exclusion of bids made by Birch & Davis International, Inc. Birch challenged the exclusion to the General Services Administration Board of Contract Appeals and they decided that the actions taken by the agency were fair. The case got to the Federal level when Birch appealed the decision by the board.
RULE OF LAW: In every other state or jurisdiction, a corporation is considered a foreign
Ling Nan ZHENG, Ren Zhu Yang, Yun Zhen Huang, Wen Qin Lin, Sai Bing Wang, Ye Biao Yang, Cui Zhen Lin, Rong Yun Zheng, Hui Fang Lin, Xiu Ying Zheng, Jin Ping Lin, Hui Ming Dong, Yu Bing Luo, Sau Chi Kwok, Sai Xian Tang, Yi Zhen Lin, Rui Fang Zhang, Mei Juan Yu, Mei Ying Li, Qin Fang Qiu, Yi Mei Lin, Mei Zhu Dong, Fung Lam, Xiu Zhu Ye, Sing Kei Lam, and Xue Jin Lin, Plaintiffs-Appellants, v. LIBERTY APPAREL COMPANY INC., Albert Nigri, and Hagai Laniado, Defendants-Cross-Claimants-Appellees, Ngon Fong Yuen, 88 Fashion Inc., Top Five Sportswear, Inc., S.P.R. Sportswear, Inc. and 91 Fashion, Inc., Defendants, Lai Huen Yam, a/k/a Steven Yam, 998 Fashions, Inc. and 103 Fashion Inc.,
There was insufficient evidence to demonstrate that Barnes did understand the label to constitute a representation in the form suggested. It was found that Glendale was negligent and in all circumstances, it was considered there was a duty on Glendale to include in the packaging a warning as to the consequences of using corrosive product with hot water in a confined space such as a drain. There was no specific defect with the caustic soda but the issue is whether it was defective within the meaning of Section 75AC. It was found by the court the label to be defective within the meaning of section 75AC.
* Increase sales of mature lottery products with existing core and occasional lottery players and also introduce new and innovative games to attract new players.
A few weeks earlier, John M. Case, board chairman, president, and sole owner of the
Maitland Motor has been a dealer of Lincoln Mercury and Ford in Twin Cities for nearly 15 years. Maitland Motor has been seen as a successful dealer with a good financial base since went through its difficult period. What have made the dealer has had a good base in financial resource is its contribution with a beneficial set of Automobile and trucks leases with two divisions of Wisconsin National, Inc.: Universal Specialty Steel and Mid South Tool and Die. This case involves the two main persons, who are responsible fore the situation: Bruce Maitland; owner of the Maitland Motor and Chuck Harper;
CEO John McDonough decided on making acquisition of Calphalon and Rubbermaid, which influent shareholders’ confidence.
Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)
The leading cases, CIR v Mitsubishi Motors Ltd [1995] and Commissioner of Taxation v James Flood Pty Ltd [1953] that reflect a taxpayer