The Gazette 1967/71

On appeal by the defendants—held, allowing the appeal, that although the wide terms of the grant of 1961 permitted use of the easement for vehicular traffic of a kind different from that contemplated at the time of the grant and there fore for caravans, excessive user of the way such as would interfere with the rights of "other per sons having the like right" or cause a legal nuis ance would be outside the terms of the grant, looked at in the circumstances at the date when it was made. The question whether the proposed user was excessive was one of fact and degree; and on the evidence the contemplated user for 200 camping units would be excessive. Todrick v Western National Omnibus Go. Ltd. (1934) 1 Ch. 190; (1934) 1 Gh. 561, C.A. ap plied. [Jelbert v Davis and Another; (1968) 1 W.L.R. 589]. Affiliation; Jurisdiction; Child born abroad to mother domiciled abroad From 1958 Nigerian parents of two illegitimate children lived together in the fathers native vil lage, the children being born there in 1959 and 1960. Shortly after the second child's birth the father came to England and in 1961 the mother joined him with the children. In 1966 the parents separated. Affiliation proceedings brought by the mother were dismissed on the grounds that the Divisional Court had no jurisdiction because the children had been born abroad at a time when the mother was domiciled and resident abroad. On appeal it was held that the jurisdiction in such cases being a statutory one and there being no material difference between old statutes and the Affiliation Proceedings Act, 1957, Section 1, being the statute now in force there was nothing to limit the jurisdiction to a child born in England to a single woman domiciled in England (R. v Blane; 1849, 13 QB, 769). [Adegiba v Adegiba; S.J., Vol. 112, No. 12, p. 233]. Contract, Damages, Devaluation Under a GIF contract the seller sold a quantity of cotton at a price expressed in rupees. The con tract provided for the buyer to bear any difference in the rate of exchange between the date of the contract and date of payment. Sellers ought to have shipped the goods before the end of May 1966 but did not do so until 27th June. In the meantime the rupee had been devalued on 6th June. 1. Assuming that shipment on 31st May would have resulted in the relevant documents being

tendered to the buyers on or before 5th June there was a causal connection between the breach of contract and loss due to devaluation and the buyers were entitled to recover the increase in the purchase price. 2. Changes in the relative value of currencies are to be disregarded if they occur after the date on which damages ought to be assessed, and usually if they occur on or before this date be- cuase the loss flowing therefrom has no causal connection with the breach of contract or is beyond the contemplation of the parties. In this case, however, the loss was contemplated and was not too remote. [Aruna Mills Ltd. v Dhanrajmal G. Gobin- dram (1968), 2 W.L.R. 101]. THE REGISTRY REGISTER A Assistant Solicitor or experienced Law Clerk required by firm of solicitors practising in southern city. Applicant must have experience in Probate and Conveyancing. Preferred age group 30 to 40. Apply with references— Box No. A258. Expanding Firm of Dublin city solicitors would like to engage a recently qualified solicitor to take charge of the litigation side of its practice. Experience desirable but not essential. Five day week. Pleasant working conditions. Salary, which will relate to candidate's ability, will not be less than £1,000 per annum.—Box No. A259. REGISTER C For Sale —7-Day Licence. Offers to P. O'Connor & Son, Solicitors, Kiltimagh, Co. Mayo. Leahy—It is desired to trace any descendants of the marriage on 28th October 1841 of Roger Leady and Eleanora Nash of Ballycarty, County Kerry, Ireland. Please communicate with Smith, Morton & Long, Red House, Halstead, Essex. REGISTRATION OF TITLE ACT, 1964 Issue of New Land Certificate Applications have been received from the registered owners mentioned in the schedule annexed hereto, for the issue of Certificate of Title in substitution for the original certificates issued in respect of the lands speci fied in the said schedule, which original certificates, it is alleged, have been lost or inadvertently destroyed. A new certificate will be issued in each case, except a case in respect of which notification is received in this Registry within 28 days from the publication of this notice, that the Certificate of Title is still in existence, and in the custody of some person other than the registered owner. Any such notification should state the grounds on which such certificate is being held. Dated the 1st day of July 1968. D. L. McALLISTER. Registrar of Titles.

Central Office, Land Registry, Chancery Street, Dublin.