proper law—Law of land with whose legal system particular contract had closest
and most substantial connection—Proper law applicable— Maxim: lex loci
A contract was made at Karachi and according
to its terms, the goods were to be delivered on board a vessel named F.O.B.
Mombasa and the buyer had admittedly agreed to pay the freight of the goods at
Kenya. Ultimately, the breach of the contract also took place at Kenya in view
of the defendant’s cable to the plaintiff repudiating their obligation.
A substantial part of the contract (i.e. so far as its performance was
concerned) was to be governed by the Law of Kenya with which it had the closest
connection. Consequently, the conclusions of both the Foreign Courts, as to the
choice of proper law applicable to the contract, appear to be proper, as they
were founded on a correct view of Private International Law.
Vs. Karachi Gas Company. (1969) 21 DLR (WP) 129.
Private International Law is that part of law
which comes into play when the issue before the court effects some fact, even
or transaction that is so closely connected with a foreign system of law as to
necessitate recourse to that system.
Vs. Union of Soviet Socialist Republics, (1968) 20 DLR (WP) 207.