CORAM

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BRETT JUSTICE, SUPREME COURT

ONYEAMA JUSTICE, SUPREME COURT

AJEGBO JUSTICE, SUPREME COURT

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PARTIES

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MATTAR

APPELLANTS 

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NORWICH UNION FIRE INSURANCE SOCIETY LTD & ANOR

RESPONDENTS 

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AREA(S) OF LAW

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INSURANCE – LAW OF CONTRACT 

 

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SUMMARY OF FACTS

The appellant failed to keep a stock book or stock sheets during the currency of the insurance policy as required by the policy. When the risk occurred, he instituted action to claim from the insurer.

 

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HELD

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The court dismissed the appeal and held that the appellant’s failure to keep a stock book or stock sheets during the currency of the insurance policy was fatal to his claim and that it is immaterial that he kept other books or documents. 

 

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ISSUES

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Whether the appellant kept the books required by the policy 

 

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RATIONES DECIDENDI

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NEED TO PERFORM SPECIFIC CONDITIONS UNDER AN INSURANCE CONTRACT

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‘If a condition is framed in general terms, performance is adequate if is covers the substance of the matter; but, if the condition goes into details, performance must be strictly in accordance with the detail required, and, however burdensome or immaterial they may appear to be, they cannot be disregarded’ – Onyeama J.S.C

 

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CASES CITED

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Welch v. Royal Exchange Assurance [1938] 4 All E.R. 289 

 

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STATUTES REFERRED TO

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