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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20/6/ 96, withdrawn same on 3/12/97, after taking
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 to pre-action
Notice.
On his part, learned counsel for the respondent
formulated two issues for determination, which are:
1. Whether the Court of Appeal was wrong in
holding that NICON Act governed the respondent
and that failure by the appellant to give the
requisite pre-action notice prevented the trial court
from exercising jurisdiction in the instant case.
2. Whether having regard to the facts of the case,
the respondent can be said to have waived his right
to pre-action notice.
The reason why the learned trial judge struck out