SHAHEEN v. DURALIA (002) [1920] SLCA 2 (03 January 1920);
Conflict of Laws- contracts- contracts between natives and non-natives - Kambia custom permitting native carrier to take other cargo when non-native hirer contracts for exclusive use of boat not enforceable - contrary to natural justice, equity and good conscience: When a nonnative hirer contracts for the exclusive use of a canoe for the carriage of goods from Kambia a native carrier may not rely on any local custom which purports to allow him to take on board any other cargo or passengers during the voyage; such a custom is not only contrary to the express terms of the agreement but also repugnant to natural justice, equity and good conscience and the court may refuse to enforce it by reference to the Protectorate Courts Jurisdiction Ordinance, 1903, s.6 (page 5, lines 2-23; page 5, line 37 -page 6, line 10).
Jurisprudence - customary law - repugnancy - local custom permitting native carrier to take other cargo when non-native hirer contracts for exclusive use of boat - not enforceable as contrary to natural justice, equity and good conscience: See [1] above.
Shipping - carriage of goods - duties of carriers - native carrier must 20 not take on other cargo when non-native hirer contracts for exclusive use of boat - local custom to contrary not enforceable as repugnant to natural justice, equity and good conscience: See [11 above.