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2 ACTION - PLEADINGS: Whether parties are
bound by their pleadings
"I have now come to construe the question
that the appellant's case is within the purview
of Section 26(2) (supra) from the perspective
of the averments/depositions in the affidavits
filed by the parties and the plaintiff's
pleadings as filed in this matter and as having
established at all material times that the
appellant has conceded in his affidavit and
pleadings that NICON is also known as NICON
Insurance Plc, and having so pleaded it is trite
that he is bound by his
averments/depositions." Per
CHUKWUMA-ENEH, J.S.C. - read in context
3 PRACTICE AND PROCEDURE -
PRE-ACTION NOTICE: Effect of failure to
serve a pre-action notice where required
"Again, in paragraph 7 of the statement of
claim the appellant has described and referred
to the respondent as, "National Insurance
Corporation of Nigeria (now known as NICON
Insurance Plc)" and the implication in the
context of this question is irrefutable. It is
clearly an admission that "National Insurance
Plc" and NICON refer to the same legal
person. And so the appellant cannot be seen
to be speaking from both sides of his mouth
(i.e. approbating and reprobating at the same