Bogstra V. Co Operative Condensed Fabrik

1943 Present: Moseley A.C.J. and Jayetilleke J.

BOGSTRA, Appellant, and CO-OPERATIVE CONDENSED

FABRIK, Respondent.

87-D. C. Colombo, 11,015.

Enemy property-Plaintiff company carrying on business in Holland-Occupation of Holland by the Enemy-Company under enemy control-Vesting of property in Custodian of Enemy Property-Defence (Enemy Property) Regulations of 1939, Regs. 7 (1) and 7 (I) (c).

The plaintiff, a company incorporated under the Laws of Netherlands, carrying on the business of manufacturing and selling condensed milk, instituted this action against the defendants to restrain them from importing or selling condensed milk bearing a certain mark and also from passing off the condensed milk imported by them as that of the plaintiff. After the defendant filed answer Holland was occupied by the enemy on May 9, 1940.

The Custodian of Enemy Property (the respondent) thereupon filed a petition and moved to be substituted in place of the plaintiff on the ground that all movable and immovable property belonging to the plaintiff vested in him.

The respondent also produced a letter dated June 26, 1940, written from Lon

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