“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 supposed to be covered, the condition was one with which it was impossible for the assured to comply.”
Table of Contents
Latest
- INTELLECTUAL PROPERTY – Trade Mark – Grounds for expunging improperly registered trademark 17/07/2024
- FAMILY LAW – Maintenance and Custody – Whether maintenance and custody are interlocutory matters 17/07/2024
- LAND LAW – Declaration of Title To Land – Proper order to make where a plaintiff in an action for declaration of title fails to prove his case 08/07/2024
- JUDGMENT AND ORDER – Order of Retrial or Trial De Novo – Instances where an order of retrial will not be made 08/07/2024
- EVIDENCE – Cross-Examination – Position of the law as to the evidence of a witness who died before cross-examination 08/07/2024
See Also:
- INSURANCE - Contract of Insurance - Who has the duty to prove the breach of a condition precedent in a contract of insurance
"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…
- ELECTORAL MATTERS: The Position Of The Law As Regards The Finality Of The Decision Of The Court Of Appeal In Respect Of Election Petitions
"Section 246 (3) of the Constitution is very obvious and clear on the nature of the appeal in this matter wherein the decision of the Court of Appeal in appeals…
- COURT: Duty Of Courts In The Affairs Of Fundamental Rights Of An Individual
"Matters involving the fundamental rights of any person, especially the liberty of the individual, should be given priority over all other matters and heard immediately they are filed in Court.…