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The Court of Appeal dismissed an appeal over ownership and transfer of excavators, holding the respondent proved its case and that new issues could not be raised on appeal.
The application for leave to appeal is granted because the proposed grounds raise arguable issues of general importance and are neither frivolous nor hypothetical.
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The High Court held that Multsol Mauritius proved ownership of detained goods and ordered their release or value, plus general damages for loss of business.
The High Court held that a bill of lading is not conclusive proof of ownership and ordered release of the cargo to the plaintiffs, with reduced damages.
The High Court dismissed a civil appeal over ownership and return of dispensing pumps, upholding the finding that no oral contract gave the appellant title.
The High Court dismissed Future Century Ltd’s claim over seized electrical materials, finding ownership unproved, possession lawful under police involvement, and defamation unproved.
Kausu was in possession of the vehicle at the time of sale to the appellant company, and the appellant purchased in good faith without notice of the previous sale; thus, section 27(1) of the Sale of Goods Ordinance applied, and the appellant acquired good title to the vehicle.
Source excerpt
The appellant company acquired good title to the motor vehicle because Kausu was in possession of the vehicle at the time of sale, the sale was conducted in good faith and without notice of the previous sale, and all conditions of section 27(1) of the Sale of Goods Ordinance were satisfied.
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