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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 accommodation together with its appurtenances of No.4 NICON Crescent Independence Layout Enugu, until the determination of this suit. (c) A declaration that the rate of depreciation of the Nigerian Currency be taken into account in determining the appropriate worth of the amount due to the plaintiff on the judgment day of the case." The defendant/respondent after entering an unconditional appearance in this matter has challenged the competence of the instant suit by an application seeking to strike it out for want of jurisdiction, the plaintiff/appellant having failed to serve pre-action notice on the defendant/respondent before commencing the instant action. The trial court in a considered Ruling upheld the preliminary objection and struck out the plaintiff/appellant's action. He has unsuccessfully appealed to the court below hence the instant appeal to this court.
Dissatisfied with the decision, the appellant has filed on 28/9/2004 a Notice of Appeal containing 5 (five) grounds. Both parties have in accordance with the Rules of this court filed and exchanged their respective briefs of argument in the appeal. The appellant has in his brief of argument raised 3(three) issues for determination as follows: (1) "Whether it is the Companies and Allied Matters Decree 1990, the Memorandum and Articles of Association of NICON Insurance Plc, the appointment paper and the Handbook on the conditions of service of NICON Insurance plc or the NICON Act 1969 and 1990 that regulates the contract relationship between the appellant and the respondent, now NICON Insurance Plc. Registered under the Companies and Allied Matters Decree 1990. (2) Whether or not pre-action notice is applicable to the specific contract of service between the appellant and the respondent. (3) Whether or not the respondent, after receiving service of the plaintiff/appellant's Writ of Summons on 30/5/96, after filing an unconditional Memorandum of Appearance dated 5/6/96, after filing first Motion for Preliminary Objection dated 20/6/96, withdrawn same on 3/12/97, after taking three fresh steps before filing the second motion for preliminary objection dated 15/7/99, that was after more than three years of the receipt of the Writ of Summons, had waived its right of Pre-action Notice."
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 and 24: violation of some principle of law
Page 25: Effect of unchallenged averments/de
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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