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…It was also a misrepresentation that the imported sugar was located at Mitchell Cotts, and that it would be in the country on 8th May, 2004 when in fact it arrived out of time on 2nd June, 2004.…

…The learned trial Judge erred in law and in fact in holding that the consignment of sugar arrived “hopelessly out of time” and “reasons for delay were unknown” when no such evidence was presented before him. 5.…