<p><strong> OGUNBIYI JCA (Delivering the Lead Judgment): </strong> This is an appeal A against the ruling of his Lordship, the Honourable Justice E. C. Ahanonu sitting at High Court No. 15, Enugu on the 2nd day of February, 2000 wherein he, on the application of the defendant hereinafter called the respondent, struck out the plaintiff’s suit, hereinafter called the appellant, on the ground that the appellant did not fulfil the condition precedent of service of pre-action notice on the respondent, as provided by section 26(2) of the NICON Act Cap. 263 Laws of the Federation of Nigeria, 1990. Per the record at pages 8-9, the appellant’s claim was that he was employed in March 1980 by NICON and his appointment was wrongfully terminated on 31st August 1995, without regard to the contract and conditions of service, as well as the application of the terms and conditions of service handbook. After the service of the writ on the respondent, it entered an unconditional appearance dated 5th day of June, 1996 and a…</p>