[1937] EACA 119

[1937] EACA 119

The Court found that the evidence and correspondence supported the trial Judge's finding that the agreed rent was Sh. 300 per month. Verbal evidence regarding the power of attorney was admissible as an admission by the parties, notwithstanding section 91 of the Indian Evidence Act. Even if the attorney had entered into a new agreement for a lower rent, such an agreement was beyond the scope of the attorney's authority and could not bind the principal unless ratified. The defendant was aware of the limits of the attorney's authority, and there was no evidence of ratification by the principal. Therefore, the original contract terms prevailed, and the appeal was dismissed.

Citation
[1937] EACA 119
Parties
Appellant: Ronald Owen Preston; Respondent: Mrs. Anna Alida Margaret Ortlepp
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1937
Case Number
C.A. 10/1934.
Procedural Posture
Civil Appeal / Appeal From Supreme Court of Kenya
Outcome
appeal dismissed with costs
Judges
Law, C.J (Zanzibar), Lucie-Smith Ag CJ (Kenya), Webb, J
Legal Topics
Contract of Lease, Agency Law, Admissibility of Evidence
Source Language
English
Commercial and Corporate Contract of Lease Agency Law Admissibility of Evidence

Case Brief

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Parties

Ronald Owen Preston

Appellant

Mrs. Anna Alida Margaret Ortlepp

Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court of Kenya

Legal Issues

  1. 1 Whether the agreed rent was Sh. 300 per month as found by the trial Judge.
  2. 2 Whether verbal evidence regarding the contents of a written power of attorney is admissible as an admission.
  3. 3 Whether an agreement entered into by an attorney beyond the scope of authority binds the principal without ratification.

Ratio Decidendi

The Court found that the evidence and correspondence supported the trial Judge's finding that the agreed rent was Sh. 300 per month. Verbal evidence regarding the power of attorney was admissible as an admission by the parties, notwithstanding section 91 of the Indian Evidence Act. Even if the attorney had entered into a new agreement for a lower rent, such an agreement was beyond the scope of the attorney's authority and could not bind the principal unless ratified. The defendant was aware of the limits of the attorney's authority, and there was no evidence of ratification by the principal. Therefore, the original contract terms prevailed, and the appeal was dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs to the respondent.