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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.
On a Motion on Notice filed by the respondent
challenging the competence of the suit the learned
trial judge ruled on the 2nd day of February, 2000
that failure to serve pre-action notice on the
respondent in compliance with Section 26(2) of
NICON Act Cap 263 Laws of the Federation of
Nigeria, 1990 is fatal to the suit. His lordship then
struck out the suit. Dissatisfied with the Ruling the
appellant filed an appeal. It came before the Court
of Appeal, Enugu Division. That court in its
judgment delivered on the 30th day of June, 2004
agreed with the learned trial judge, and dismissed
the appeal. Still dissatisfied the appellant has now
come before this court. Briefs were duly filed in
accordance with well laid down Rules of this court.
The appellant's brief was filed on the 18th day of
September, 2006, while the respondent's brief was
deemed duly filed on the 6th of June, 2012.
Learned counsel for the appellant formulated
three issues for determination. They are:
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