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NATURE OF A PROVISO

Dictum

It should be realised that a proviso of necessity serves to cut down or qualify the general provisions in the body of a section. But it would be contrary to the ordinary operation of a proviso to give it an effect which would cut down those provisions beyond what compliance with the proviso renders necessary. A proviso does not therefore set out to do other than create exceptions or relax limitations or throw light on any ambiguous aspect of an enactment. It certainly does not aim at completely neutralising the general provisions it has created exceptions to.

– Uwaifo JSC. Fortune v. Pegasus (2004)

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