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e a failure to comply with the terms of the contract and not with the provisions of the statute. Again in NPA PLC v. Lotus plastics Ltd. 2005 19 NWLR pt. 959 p.158. This court again said that section 97 of the Ports Act applies to everything done or omitted or neglected to be done under the powers granted by the Act. The section however does not apply to cases of specific contracts. Thus the statutory privilege granted to the Nigerian Ports Authority under section 97(1) of the Ports Act does not apply to cases of contract. This is because it would be unjust to cloth the Nigerian Ports Authority with special protection in all cases of contract as that would negate the general principles upon which the <strong>Law</strong> of Contract is based. The NPA Act and the NICON Act both say "NO Suit" in Sections 97(2) and 26(2) respectively. I must restate for emphasis that where, as in this case the appellant's cause of action is founded in contract, a contract of employment, a specific contract, Section 26 of the NICON Act and similar enactments do not apply. Consequently the appellant was right not to serve pre-action notice on the respondent before filling his action." Per RHODES- VIVOUR, J.S.C. (DISSENTING) - read in context 6 EVIDENCE - UNCHALLENGED AFFIDAVIT:
Effect of unchallenged averments/depositions in an affidavit "Throughout its counter-affidavit no attempt has been made by the appellant to expatiate on this paragraph and to specifically traverse the said paragraphs 3, 4, 5 and 6 severally. And so, I rely on the cases of Falobi v. Falobi (1976) SC. 1 and Adjekpemevor v. Onafeko (2000) FWLR (Pt ) at 1425, Uzo v. Nnalimi (2000) FWLR (pt) at 1258 and Adekanya v. Comptroller of Prison (2000) FWLR (Pt. ) at 1258 to say that these averments/depositions not having been specifically denied are deemed as accepted and unchallenged facts and the court can act on them and has rightly acted on them." Per CHUKWUMA-ENEH, J.S.C. - read in context 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 <strong>Law</strong>s of the Federation of Nigeria 2004 before instituting the instant action.
Page 1 and 2: GODWIN UGWUANYI v. NICON INSURANCE
Page 3 and 4: 2 ACTION - PLEADINGS: Whether parti
Page 5 and 6: instant matter. That said; if I may
Page 7 and 8: initiating any actions by due proce
Page 9 and 10: face of the record thereafter. In o
Page 11 and 12: (Pt.355) 171, Kano State Developmen
Page 13 and 14: irregularity by an application chal
Page 15 and 16: conditions to be fulfilled before a
Page 17 and 18: same shall have been served upon th
Page 19 and 20: case is in consonance with judgment
Page 21 and 22: appellant was correct not to serve
Page 23: violation of some principle of law
Page 27 and 28: Dissatisfied with the decision, the
Page 29 and 30: for service of pre-action notice be
Page 31 and 32: other things not specifically there
Page 33 and 34: until repealed not having been cont
Page 35 and 36: of service agreed with NICON and no
Page 37 and 38: Act is still extant. I think I shou
Page 39 and 40: 26(2) simply put is to serve pre-ac
Page 41 and 42: severally including the appellant.
Page 43 and 44: so the appellant cannot be seen to
Page 45 and 46: corporation before the expiration o
Page 47 and 48: with the power to deal with matters
Page 49 and 50: & Ind. Engr. Co. Ltd. (1986) 1 NWLR
Page 51 and 52: this question by both parties to th
Page 53 and 54: matter. Besides, I hold this view i
Page 55 and 56: judgment of my learned brother, CHU
Page 57 and 58: NICON Act 1969 and 1990 that regula
Page 59 and 60: applicable to action based on contr
Page 61 and 62: NWLR pt.152 p.572 Obada v. M. G. of
Page 63 and 64: "...The issue in that case was a ma
Page 65 and 66: thereof, or any officer of a local
Page 67 and 68: struck out the case for lack of jur
Page 69 and 70: never a hearing of the appellant's

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