Nilabdeen v. Farook – sllr 1984 volume 1 page 014

Brief
In the case between N. M. Nilabdeen (Plaintiff–Appellant) and M. S. M. Farook (Defendant–Respondent), the court considered whether an order concerning possession made in prior criminal proceedings, and subsequently affirmed by the Supreme Court, constituted res judicata in civil proceedings relating to both title and possession of a lorry. The issue also focused on characterizing the contract as either an “agreement to sell”—with title remaining with the plaintiff until the full balance was paid—or an outright sale. The findings established that such criminal orders do not operate as res judicata in subsequent civil actions involving title or contractual breaches, and that on the evidence, the contract was an agreement to sell. Reference was made to relevant provisions of the Sale of