149 / 736
On appeal by
the defendants—held, allowing
the appeal, that although the wide terms of the
grant of 1961 permitted use of the easement for
vehicular traffic of a kind different from that
contemplated at the time of the grant and there
fore for caravans, excessive user of the way such
as would interfere with the rights of "other per
sons having the like right" or cause a legal nuis
ance would be outside the terms of the grant,
looked at in the circumstances at the date when
it was made. The question whether the proposed
user was excessive was one of fact and degree;
and on the evidence the contemplated user for
200 camping units would be excessive.
Todrick v Western National Omnibus Go. Ltd.
(1934)
1
Ch. 190; (1934)
1 Gh. 561, C.A. ap
plied.
[Jelbert v Davis and Another; (1968) 1 W.L.R.
589].
Affiliation; Jurisdiction; Child born abroad
to
mother domiciled abroad
From 1958 Nigerian parents of two illegitimate
children lived together in the fathers native vil
lage, the children being born there in 1959 and
1960. Shortly after the second child's birth the
father came to England and in 1961 the mother
joined him with the children. In 1966 the parents
separated. Affiliation proceedings brought by the
mother were dismissed on the grounds that the
Divisional Court had no jurisdiction because the
children had been born abroad at a time when
the mother was domiciled and resident abroad. On
appeal it was held that the jurisdiction in such
cases being a statutory one and there being no
material difference between old statutes and the
Affiliation Proceedings Act, 1957, Section 1, being
the statute now in force there was nothing to
limit the jurisdiction to a child born in England
to a single woman domiciled in England (R. v
Blane; 1849, 13 QB, 769).
[Adegiba v Adegiba; S.J., Vol. 112, No. 12, p.
233].
Contract, Damages, Devaluation
Under a GIF contract the seller sold a quantity
of cotton at a price expressed in rupees. The con
tract provided for the buyer to bear any difference
in the rate of exchange between the date of the
contract and date of payment. Sellers ought to
have shipped the goods before the end of May
1966 but did not do so until 27th June. In the
meantime the rupee had been devalued on 6th
June.
1. Assuming that shipment on 31st May would
have resulted in
the relevant documents being
tendered
to the buyers on or before 5th June
there was a causal connection between the breach
of contract and loss due to devaluation and the
buyers were entitled to recover the increase in
the purchase price.
2. Changes in the relative value of currencies
are to be disregarded if they occur after the date
on which damages ought
to be assessed, and
usually if they occur on or before this date be-
cuase the loss flowing therefrom has no causal
connection with
the breach of contract or
is
beyond the contemplation of the parties. In this
case, however,
the
loss was contemplated and
was not too remote.
[Aruna Mills Ltd. v Dhanrajmal G. Gobin-
dram (1968), 2 W.L.R. 101].
THE REGISTRY
REGISTER A
Assistant Solicitor or experienced Law Clerk required by
firm of solicitors practising in southern city. Applicant
must have experience in Probate and Conveyancing.
Preferred age group 30 to 40. Apply with references—
Box No. A258.
Expanding Firm of Dublin city solicitors would like to
engage a recently qualified solicitor to take charge of
the litigation side of its practice. Experience desirable
but not essential. Five day week. Pleasant working
conditions. Salary, which will
relate
to candidate's
ability, will not be less than £1,000 per annum.—Box
No. A259.
REGISTER C
For Sale
—7-Day Licence. Offers to P. O'Connor & Son,
Solicitors, Kiltimagh, Co. Mayo.
Leahy—It is desired to trace any descendants of the
marriage on 28th October 1841 of Roger Leady and
Eleanora Nash of Ballycarty, County Kerry, Ireland.
Please communicate with Smith, Morton & Long,
Red House, Halstead, Essex.
REGISTRATION OF TITLE ACT, 1964
Issue of New Land Certificate
Applications have been received from
the registered
owners mentioned in the schedule annexed hereto, for
the issue of Certificate of Title in substitution for the
original certificates issued in respect of the lands speci
fied in the said schedule, which original certificates, it is
alleged, have been lost or inadvertently destroyed.
A new certificate will be issued in each case, except a
case in respect of which notification is received in this
Registry within 28 days from
the publication of
this
notice, that the Certificate of Title is still in existence,
and
in
the custody of some person other
than
the
registered owner. Any such notification should state the
grounds on which such certificate is being held.
Dated the 1st day of July 1968.
D. L. McALLISTER.
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
Dublin.