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MR. NWAIWU MICHAEL CHIDI v. CONSOLIDATED HALLMARK INSURANCE PLC

(2018) LPELR-44384(CA)

In The Court of Appeal of Nigeria

On Thursday, the 3rd day of May, 2018

CA/L/261/2013


Before Their Lordships

JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria


Between

MR. NWAIWU MICHAEL CHIDI - Appellant(s)

AND

CONSOLIDATED HALLMARK INSURANCE PLC - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This appeal is against the decision of the National Industrial Court, Coram Judice: Kola-Olalere, J. in SUIT NO. NIC/LA/101/2011: MR. NWAIWU MICHAEL CHIDI v. CONSOLIDATED HALLMARK INSURANCE PLC delivered on 13th July 2012.

The Appellant who was the Claimant at the National Industrial Court was dissatisfied with the decision dismissing his action. He therefore appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on this sole issue couched as follows:

"Whether the trial Court validly raised an issue suo motu and justifiably determined the matter before it, upon the issue without affording the parties the opportunity to address it on the issue."

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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