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UGWUANYI
V.
NICON INSURANCE PLC

(2013) JELR 34144 (SC)

Supreme Court 22 Feb 2013 Nigeria
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- This case is an appeal against the decision of the Court of Appeal, Enugu Division, which dismissed the plaintiff/appellant's appeal for failing to comply with the requirement of serving the defendant/respondent with a pre-action notice b

Case Details

Suit Number:SC.248/2005
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC SULEIMAN GALADIMA JSC BODE RHODES-VIVOUR JSC MUSA DATTIJO MUHAMMAD JSC
Counsel:A. B. Igwenagu with Jude Ogbuenyi Esq. For the Appellant; Sonny O. Wagu with Dandy U. Wagu Esq. For the Respondent.

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Enugu Division dismissing the plaintiff/appellant's appeal for failing to comply with a condition precedent of serving the defendant/respondent in this matter with a pre-action notice as provided by Section 26(2) of the National Insurance Corporation of Nigeria Act now Cap.No.54 Laws of the Federation of Nigeria 2004 before instituting the instant action.

In the beginning the plaintiff/appellant by a writ of summons filed in this matter claims against the defendant/respondent as follows:

(a) "The sum of N3,590,302 being damages, benefits and entitlements for wrongful and unlawful termination of the plaintiff's appointment without regard to the provisions of the plaintiff's appointment.

(b) An injunction restraining the defendant, its agents, servants, privies or whomsoever acts on the instruction etc from ejecting the plaintiff from the accommodatio…

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