PRE-ACTION NOTICE – PRINCIPLES FOR THE REQUIREMENT OF PRE-ACTION NOTICE TO CASES OF CONTRACT  

 

Admin2
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11/05/2020 1:50 pm  
"The case of Amadi Vs NNPC (2000) FWLR (PT. 9) 1527, relied upon heavily by learned counsel for the appellant, was considered by this court in Ugwuanyi Vs Nicon Insurance Plc (Supra). His Lordship, Rhodes-Vivour, JSC had this to say:-

 

‘The issue before the court [in Amadi's case] was whether the pre-action notice served on the respondent, contained the information as provided by Section 11(2) of the NNPC Act and not whether the NNPC Act extended to suit of breach of contract of employment. This court set aside the decision of the Court of Appeal and ordered the case heard by another Judge of the Lagos High Court after finding that all the requirements of Section 11(2) of the NNPC Act had been met by the plaintiff. If ever there was a case most irrelevant to the issue under consideration, Amadi Vs NNPC supra is that case. The issue in this case, once again, is whether a plaintiff who sues on a specific contract (a contract of employment) needs to serve pre-action notice on the defendant, while in Amadis case, a pre-action notice was served, but did the pre-action notice contain the required information as provided by Section 11(2) of the NNPC Act. That was the issue.’

 

In overturning the concurrent findings of the two lower courts, His Lordship held at page 617 B - C of the report:-

 

‘Concurrent findings of the courts below are that where a plaintiff's claim is for a specific contract or whatever claim, he must serve on the defendant a pre-action notice, as provided by Section 26 of the NICON Insurance Act, before the court can have jurisdiction to hear his suit. This finding, confirmed by the Court of Appeal is perverse in the light of the reasoning in N.P.A. Vs Construzioni Generali supra which states clearly that Section 97 of the Ports Act and similar enactments are not intended by the legislature to apply to specific contracts.’

 

The case of N.P.A Vs Lotus Plastics Ltd (Supra) was cited with approval."
 
 
PER K. M. O. KEKERE-EKUN, J.S.C. IN  WARRI REFINING & PETROCHEMICAL CO LTD VS GECMEP NIGERIA LIMITED  SUIT NO:SC. 769/2017


LEGALPEDIA ELECTRONIC CITATION:
(2020) Legalpedia (SC) 11195


 


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