GUS ALEXANDER MACKENZIE Vs. HIMALAYA ASSURANCE CO LTD

JUDGEMENT

(1.) This is an appeal by the plaintiff Mr. Gus Alexander Mackenzie against the decision of my learned brother Mr. Justice Pearson which was delivered on the 17 of April 1924.

(2.) The plaintiff sued to recover a large sum of money as damages from the Himalaya Assurance Co., Ltd., for the alleged breach of an agreement by which the plaintiff and the 2nd defendant, Rajabally, were appointed Managing Agents of the Company.

(3.) The 2nd defendant was joined as a party to the suit, because it was alleged that the plaintiff had requested Rajabally to join as a plaintiff in the suit but Rajabally had declined so to do. Therefore, the plaintiff had joined him as a defendant.