OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal A against the ruling of his Lordship, the Honourable Justice E. C. Ahanonu sitting at High Court No. 15, Enugu on the 2nd day of February, 2000 wherein he, on the application of the defendant hereinafter called the respondent, struck out the plaintiff’s suit, hereinafter called the appellant, on the ground that the appellant did not fulfil the condition precedent of service of pre-action notice on the respondent, as provided by section 26(2) of the NICON Act Cap. 263 Laws of the Federation of Nigeria, 1990. Per the record at pages 8-9, the appellant’s claim was that he was employed in March 1980 by NICON and his appointment was wrongfully terminated on 31st August 1995, without regard to the contract and conditions of service, as well as the application of the terms and conditions of service handbook. After the service of the writ on the respondent, it entered an unconditional appearance dated 5th day of June, 1996 and a…
UGWUANYI
V.
NICON INSURANCE PLC
(2004) JELR 50885 (CA)
Court of Appeal 30 Jun 2004 Nigeria
BriefBot Summary
- The appellant, a former employee of the National Insurance Corporation of Nigeria (NICON), sued NICON Insurance Plc for wrongful termination without serving a pre-action notice as required by section 26(2) of the NICON Act, Cap. 263, Laws
Case Details
Suit Number:CA/E/108/2002
Judges:JOHN AFOLABI FABIYI JCA (Presided) CLARA BATA OGUNBIYI JCA (Read the Lead Judgment) MONICA B. DONGBAN-MENSEM JCA
Counsel:C. O. Z. Obiekwe Esq. (with him, U. J. Otti Esq.) - for the Appellant.
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G. E. Nwonye Esq. - for the Respondent.
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