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severally including the appellant.
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.
Again, it is in the context of the foregoing that
recourse has to be had of the processes filed in this
matter by the parties to establish that the parties
have not joined issue on the crucial
averment/deposition that NICON Insurance Plc is
not governed by NICON Act and so, it pre-empts
the appellant's claim of being at all material times
an employee of the defendant/respondent that is "a
Public Liability Company" as constituted under
CAMA. The defendant/respondent's affidavit in
support of the motion to strike out the suit at
paragraph 6 (six) reads as follows:
"6. That the defendant on record is the same
person as the National Insurance Corporation
of Nigeria a creature of the statute under
Cap.263 Laws of the Federation of Nigeria and
is thus governed by the provisions of that
statute."
In reply to the foregoing averment/deposition the