Nature and Purpose of a Pre-Action Notice

CASE TITLE: IFEANYI OBIORA & ANOR v. OGUN STATE COMMANDANT NSCDC (2024) LPELR-62871(CA)
JUDGMENT DATE: 31ST JULY, 2024
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: PATRICIA AJUMA MAHMOUD, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Civil Procedure.

FACTS:

This appeal is against the ruling of the Federal High Court sitting in Abeokuta, in a ruling delivered on the 9th of February, 2018, by Hon. Justice Ibrahim Watila.

The appellants were arrested with 32 jerry cans of 25 litres half-filled with petroleum products. They were prosecuted and these items tendered in evidence as exhibits. At the close of the prosecution’s case, the appellants made a ‘no case submission’ which resulted in their discharge by the trial Court. Pursuant to the discharge, the appellant waited for the statutory period of appeal to lapse and made a demand on the respondent for the return of the exhibits to them. After an unsuccessful demand, the appellant sued the respondent in Court.

Upon receipt of the appellant’s claim, the respondent filed a conditional appearance along with a notice of preliminary objection. The ground of the objection was that the suit was initiated without complying with the provision of Sections 20(3) and (4) of the Nigerian Security and Civil Defence Corps (NSCDC) Act, 2003, in respect of the pre-action notice. After settling the processes in respect of the preliminary objection and arguing the same, his Lordship upheld the preliminary objection, struck out the appellants’ suit for being a nullity and made an order for payment costs.

Dissatisfied with this ruling, the appellant appealed against it.

ISSUE(S) FOR DETERMINATION:

The Court adopted the issues formulated by the appellant in the determination of the appeal, thus:

1. WHETHER, from the totality of facts and laws placed before the Trial Lower Court and the circumstances of this case, there was Pre-Action notice to the Respondent in accordance with the law.

2. WHETHER the award of the sum of N30,000 (Thirty Thousand Naira) only by the Trial Court in favour of the Respondent against the Appellant was right and properly in tune with the Law in the circumstances.

DECISION/HELD:

In the final analysis, the appeal was allowed and the judgment of the trial Court was set aside.

RATIOS:

• ACTION- PRE-ACTION NOTICE: Nature of a pre-action notice
• ACTION- PRE-ACTION NOTICE: Purpose of a pre-action notice
• ACTION- PRE-ACTION NOTICE: What should be the form of pre-notice?

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