Abdul Ally vs Caderavaloes – clr volume 2 page 165

The case between Abdul Ally (plaintiff) and Caderavaloe (defendant) addressed the issue of whether an implied or express warranty of title was breached in the sale of goods, specifically coconut oil. The court held that in the absence of proven eviction by a competent court establishing third-party ownership, and without sufficient evidence connecting the seized oil to the sold oil, no breach of warranty could be established. The decision reaffirmed the principle that recovery under claims of breach of title warranty or for return of consideration requires judicial eviction or proof of failure of consideration. This outcome relied on Roman Dutch Law and prior case law, emphasizing that loss from mutual mistake or unproven ownership falls on the buyer unless established by competent process