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“It is trite law that in the construction of documents the primary rule is that effect should be given to the literal contents in their ordinary way as they appear on the documents and that anything which does not appear<i> ex facie </i>on such documents should NOT be imported into them.” Per COKER, JSC in…
“The breach of a condition precedent is a matter which as in all cases of contract must be proved by the party who will stand to benefit from the occurrence of that breach and, normally in a policy of insurance, this is the insurer. See Bond Air Services Ltd. v. Hill [1955] 2 Q.B. 417…
“In Coleman’s Depositories Ltd. v. The Life and Health Assurance Association [1907] 2 K.B. 798, it was held that in the absence of evidence that assured either knew of or had the opportunity of knowing of the existence of a condition precedent appearing in a policy at the date of the occurrence of the risk…
“… Section 18(3) of the Interpretation Act 1964 is governed by Section 1 of that Act which reads: “1. This Act shall apply to the provisions of any enactment except in so far as the contrary intention appears in this Act or the enactment in question.” The effect of Section 18(3) of the Interpretation Act,…
“The important thing, however, is to discover the intention of the legislature, reading the section as a whole. Sankey J. indicated this in Attorney General v. Brown [1920] 1 K.B. 773 at page 798 when he said- “Although therefore the doctrine of <i>ejusdem generis</i> is to be applied with caution, where in an Act of…
“… Section 1(4) of the Act reads as follows- “(4) “Premises” for the purpose of this section, and where used elsewhere in this Act or any enactment amended by this Act unless the context otherwise requires, means “a building of any description occupied or used by persons for living or sleeping or other lawful purposes,…