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A Critique on the Doctrine of PreAction Notice in Nigeria

A Critique on the Doctrine of Pre-Action Notice in Nigeria

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Reference ID: PS-6350-TM

DEDICATION

This research material titled “A Critique on the Doctrine of Pre-Action Notice in Nigeria” is dedicated to God for his enabling grace, and to all computer enthusiasts who contributed to make life a pleasant experience during my research documentation.

ACKNOWLEDGEMENT

I extend my sincere gratitude to all those who contributed to the completion of this project. Special thanks to my Supervisor (Name of your Supervisor), the Head of Department (Name of your HOD), the Lecturers in the department of Law, Book Authors and Profound Scholars of existing or related project material on “A Critique on the Doctrine of Pre-Action Notice in Nigeria” for their invaluable guidance, support, and expertise throughout the journey.

I am also grateful to your study area (mention any funding organizations, if applicable) for their financial assistance. This research would not have been possible without the encouragement and assistance of some stakeholders (mention any mentors, teachers, or colleagues). Additionally, I would like to acknowledge the understanding and patience of my family and friends during this endeavor. Your unwavering support has been a constant source of motivation. Thank you all for being part of this meaningful endeavor.

ABSTRACT

The procedural aspect of the law is generally provided in the various Rules of Court which are applied from the Magistrates’ Courts to the Supreme Court. Rules of Court are meant to be obeyed. Apart from Rules of Court, there are other statutes which provide for procedure. Apart from Rules of Court or statutes which are specifically enacted to regulate procedure, other statutes which establish corporations for example, also stipulate procedural requirements. A good number of pre-action notices can be found in such statutes. The law is that where a statute has provided for how something should be done, such a provision must be complied with. It is indeed a concern that the applicability of pre-action notice is not in consonance with the spirit of the rule of law. It is important to note that a deep-rooted analysis of relevant procedural law does not in fact guarantee pre-action notice any justification.

No useful purpose is achieved by continuing to uphold the constitutionality of pre-action notices. The reasons which are used to justify the notices can be dispensed with. A letter from a prospective plaintiff or his agent should be enough to commence a process of deciding whether to make reparations to the plaintiff or not. Anachronistic rules such as pre-action notices serve no end of justice and it is often a procedural requirement which is employed by defendants to delay or deny an inquiry into the merits of the case. They also cause untold hardship.

The aim of this work is to distill the inadequacies and excesses of pre-action notice as currently applicable in Nigeria. This work will also look at the position of other countries as it relates to the doctrine of pre-action notice and finally proffer solutions. This work is divided into five chapters. Chapter One deals with the general introduction while Chapter Two deals with the doctrine of pre-action notice as it applies in Nigeria. Chapter Three deals with the doctrine of pre-action notice as an obstacle to justice while Chapter Four deals with the application of the doctrine of pre-action notice in foreign jurisdictions. Finally, Chapter Five deals with the conclusion and recommendations.


A Critique on the Doctrine of Pre-Action Notice in Nigeria

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the …

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