THE LEGAL BASIS OF PRE-ACTION NOTICE AND IMPLICATIONS OF THE FAILURE TO COMPLY WITH ITS REQUIREMENT

Abstract

Statutory provisions relating to requirement of pre-action notice is a condition precedent as far as law suits are concerned. Therefore, the failure of a plaintiff to comply with its requirement clearly makes a suit incompetent. Contrary to the submissions of some learned scholars that statutory provisions that impose requirement of pre-action notice before a suit, bars access to court. However, such provisions, the courts have held, do not seek to oust forever, the jurisdiction of the court but only temporarily. It has been held equally, that where there is fundamental failure to comply with the requirement of a statute the issue is not of irregularity but a nullity. On the implications of failure to issue pre-action notice before a suit where such notice is required, although there are some judicial authorities that say that failure to issue same can be waived, this study discovered that it is the position of the Supreme Court that failure to comply with such statutory requirement makes the suit a nullity ab-initio and the defendant does not have the competence to waive the failure to comply with such statutory requirement, whether expressly or by implication.