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for service of pre-action notice before filing the
instant suit has been provided in the plaintiff's
conditions of service with the respondent excepting
as required in regard to actions in libel and slander.
I have to fill in these facts in order to assist in
understanding the background of this appeal.
The appellant's case (who has been employed in
January 1980) is that by the provisions of Sections
33, 35, 39(1) and 41(1) of Companies and Allied
Matters Act (CAMA) that the employment
relationship between the parties in this matter is
governed by the Articles and Memorandum of
Association, as the respondent is a Registered
Company under Companies and Allied Matters Act
(CAMA) a position mutually exclusive to its status
under NICON Act. And that Sections 4(6) and 33 of
the NICON Act exclude the provisions of CAMA from
applying to NICON and that on having been
incorporated under CAMA as NICON Insurance Plc
the respondent ought to have shed its status under
NICON Act, so that its activities more particularly
the employment relationships as between it and its
staffers are regulated by CAMA that is to say, are
governed by the Memorandum and Articles of
Association as registered under CAMA. And that the
letter of appointment, conditions of service as per
the Company's Handbook, all constitute part of
their contract of employment. He therefore submits
that once the parties have entered into a
contractual relationship as per the above
mentioned documentary evidence as regards their