“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 (especially per Lord Goddard, C.J., at p.426).”
Table of Contents
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- 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:
- EVIDENCE - CONTRADICTION IN EVIDENCE - Attitude of Court to contradiction in the statement of an accused to the police and his testimony in Court
"In coming to the conclusion that the prosecution has proven its case, the trial Court considered the defence put forward by the Appellant in delivering its well-considered judgment as per…
- EVIDENCE - CONTRADICTION IN EVIDENCE - Attitude of Court to contradiction in the statement of an accused to the police and his testimony in Court:
"In coming to the conclusion that the prosecution has proven its case, the trial Court considered the defence put forward by the Appellant in delivering its well-considered judgment as per…
- 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…