LawPavilion Electronic Law ...

I must restate for emphasis that where, as in this
case the appellant's cause of action is founded in
contract, a contract of employment, a specific
contract, Section 26 of the NICON Act and similar
enactments do not apply. Consequently the
appellant was right not to serve pre-action notice
on the respondent before filling his action.
The appeal succeeds and it is hereby allowed by me
with no order on costs. The case is hereby remitted
to the High Court of Enugu State to be heard by
another Judge other than E. C. Ahanonu J.
"EDITOR'S NOTE- JUDGMENT NOT YET
PARAGRAPHED AS CONTRIBUTIONS FROM
SULEIMAN GALADIMA, J.S.C. AND MUSA
DATTIJO MUHAMMAD, J.S.C. WERE
UNAVAILABLE AT PRESS TIME.
PARAGRAPHED VERSION OF THE JUDGMENT
ABOVE WILL BE PUBLISHED AND
AUTOMATICALLY UPDATED AS SOON AS THE
OUTSTANDING CONTRIBUTIONS ARE
RECEIVED."
A. B. Igwenagu with Jude
Ogbuenyi Esq.
Appearances
For Appellant
Sonny O. Wagu with Dandy U. For
Wagu Esq. Respondent