My point remains that there is nowhere in the world where failure to serve Pre-action notice is even contemplated as a jurisdictional issue, except in Nigeria. Our laws are archaic, fossilized and Pre-historic. Many a good case has been lost on this stumbling block, as well as others. Another example of anachronism is the necessity for obtaining prior leave of a Judge to issue and serve originating processes outside a magisterial district (for Magistrates Courts), a State or jurisdiction of a court. I never quite understood the purpose of it. In England, a Solicitor can issue a Claim Form and it will be sent by post to the Defendant. It is not even called Writs of Summons anymore. The National Assembly needs to move in the direction of modern thinking on the subject and repeal these anachronisms. I vote for law reform. If you agree, say Yes!
Posted on: Sat, 26 Jul 2014 10:01:00 +0000
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