BRITISH WEST AFRICAN INSURANCE SERVICES, LTD. V. ABDILMASIH

SMITH J.: (His lordship stated the facts, and proceeded:-)

So far as the actual execution is concerned, I do not think any liability can be attached to the judgment-creditor in view of the instructions given to the Sheriff, the issue of the writ of fi.fa. and the evidence given by the bailiffs who carried out the execution.

But the main point, in the circumstances of this case, is the question whether execution can be levied against agents in this country of a foreign principal. I have not been cited any authority on the matter. On consideration, however, I have come to the conclusion, on the facts of this particular case, that the execution of the writ of fi.fa. was proper.

The British West African Insurance Services, Limited, are virtually identified in this country with their principals, Greshams of London. Policies are issued, of course, in the name of the principals but the whole business is in the hands of the local agents. Full and wide powers are given under the Power of Attorney…