(Oral)

Gopal Sri Ram JCA (delivering judgment):

[1] This is the judgment of the court.

[2] This appeal is directed against the judgment of High Court dismissing plaintiff's claim for damages for breach of contract. The subject matter of the claim is a distribution agreement entered into between appellant and respondent and dated 1 November 1988. By that agreement, the appellant was appointed as the respondent's distributor of cigarettes manufactured by the respondent. Clause 19 of that agreement, which lies at the heart of the dispute, between the parties reads as follows:

19(a) your distributorship shall be terminated forthwith on the occurrence of the following events:

(i) if you fail to perform or commit a breach of any of the terms and conditions of this agreement or other terms and conditions that may be implemented in the future.

(ii) if disagreement of any nature shall arise between the partners or the board of directors of your Company whereby we deem our interest may be imperiled.

(iii) If you or any of your partner shall be incapacitated, die or retire from the partnership.

(iv) if an application is made or threatened to be made, to have you declared a bankrupt o