Counsel Citing Adverse Authorities
It's rare for counsel to cite adverse authorities.
I would therefore allow the appeal, set aside the learned magistrate's order of dismissal of the action and substitute for it a judgment in favour of the appellant in the sum of $1,000. The respondent will pay the costs of this appeal and of the action in the court below.
Before concluding the matter I must say that I am deeply grateful to Mr. Morris Edgar for drawing my attention to the case of Ismail bin Savoosah & Ors. v. Hajee Ismail, supra, even though it was against him.
It's rare to see counsel citing authorities adverse to them. (Even for the sake of stating/distinguishing why those cases shouldn't apply.)
The instances where judges point out and thank counsel for their honest use of adverse authorities are even more rare. But much appreciated: it informs you that the counsel who do so are the honourable sort.