Court of Appeal 15TH MARCH, 2007
Justices:
James Ogenyi Ogebe JCA
Sotonye Denton-West JCA
Jimi Olukayode Bada JCA
Subject Matter(s):
Raising issues suo motu
Affidavit evidence
Rational behind requirement for Pre-Action Notice
Not necessary to serve Pre-action Notice where suit is brought under specific or express contract
Functus Officio
Non-services of pre-action notice must be pleaded
Effect of failure to obtain leave of court for extension of time to apply to set aside default judgment of court
Procedure for setting aside judgment of court
Principle governing construction of general and specific provisions in a statute.
Final Order: APPEAL DISMISSED.