CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
MATTAR
APPELLANTS
NORWICH UNION FIRE INSURANCE SOCIETY LTD & ANOR
RESPONDENTS
AREA(S) OF LAW
INSURANCE – LAW OF CONTRACT
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.
HELD
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.
ISSUES
Whether the appellant kept the books required by the policy
RATIONES DECIDENDI
NEED TO PERFORM SPECIFIC CONDITIONS UNDER AN INSURANCE CONTRACT
‘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
CASES CITED
Welch v. Royal Exchange Assurance [1938] 4 All E.R. 289
STATUTES REFERRED TO