Saibo V. The Attorney General

Present: Bertram C. J. and Porter J.  1923.

 SAIBO v. THE ATTORNEY-GENERAL.

136-D. C. Colombo, 4,968.

Customs Ordinance, 1869, ss. 104 and 31-Bice removed from bonded warehouse to ship-Boatmen stealing some rice-Evasion of payment of Customs duties-Fine-Illegal threat of detention of boats till fine was paid-Payment under protest-Right to recover money paid even though it was due-Condictio indebiti-Condictio ob iniustam causam-Money had and received-English law same as the Civil law.

Some lighters belonging to the plaintiff were engaged in transporting imported rice from a bonded warehouse to certain ships in the harbour. A small quantity of rice was collected by the crew for unlawful disposal, and incidentally with a view to evading the payment of Customs duties. Fines were imposed by the Principal Collector on the tindals for offences committed, and the plaintiff was notified to recover and remit the fines. The Principal Collector further threatened to detain the lighters pending payment. The plaintiff paid the money under protest to prevent a detention of the boats, and sued the Attorney -General for the refund of the money.

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