Esufali & Co. V. Samarang Sea And Fire Insurance Company

Present: Ennis A. C. J. and De Sampayo J.

ESUFALI & CO. v. SAMARANG SEA AND

FIRE INSURANCE COMPANY.

271-D. C, Colombo, 9, 771.

Marine insurance-Perils of the sea-Certificate of damage-Condition precedent to the right to recover claim-Evidence of previous claim -Ordinance No. 14 of 1895, s. 15.

Where a policy of marine insurance contained a clause to the following effect: -"In case of damage the agents of the company must be applied to for a certificate, and no claim will be admitted without their certificate."

Held, that it was a condition precedent to the recovery of a claim under the policy that such a certificate should be obtained.

Evidence that, on a previous occasion, on a claim preferred by the plaintiff in respect of another consignment of goods said to have been damaged by sea water, it was found by Court that the goods had been wilfully damaged by the plaintiff is admissible.

THIS was an action against an Insurance Company to recover a sum of Rs. 18, 477. 65 on a policy of insurance relating to 165 bags of coffee shipped by the Liangui Trading Company to the plaintiff from Singapore. Th

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