CORAM
M.L. UWAIS, JUSTICE SUPREME COURT
U. MOHAMMED, JUSTICE SUPREME COURT
A.I. KATSINA-ALU, JUSTICE SUPREME COURT
A.O. EJIWUNMI, JUSTICCE SUPREME COURT
PARTIES
CAPTAIN E. C. C. AMADI
APPELLANTS
NIGERIAN NATIONAL PETROLEUM CORPORATION
RESPONDENTS
AREA(S) OF LAW
ACTION – PRE- ACTION NOTICE- INTERPRETATION OF LAW
SUMMARY OF FACTS
The appellant’s action against the respondent for wrongful dismissal from employment was struck because his counsel did not include his place of abode in the pre- action notice.
HELD
The court allowed the appeal.
ISSUES
Whether or not Exhibit ‘B’ (i.e. letter of demand from Appellant’s Solicitors) is a valid notice within the meaning and intendment of the N.N.P.C. Act, 1977.
Even if Exhibit ‘B’ is not a valid notice (which is denied), whether or not such privileges as conferred by section 11 (2) of the N.N.P.C. Act, 1977 extend to suits of breach of contracts of employment such as in the instant case.
Whether or not the Respondents knew or could have known the Appellant’s place of abode as at the time of Exhibit ‘B’.”
RATIONES DECIDENDI
THE PARTICULARS TO BE INCLUDED IN PRE- ACTION NOTICE UNDER SECTION 11(2) OF THE NNPC ACT, 1977 IS DIRECTORY
While issuance of the notice by a prospective plaintiff is mandatory, the particulars to be included in the notice, which are – cause of action, particulars of claim, name and place of abode of the intending plaintiff and the relief to be claimed – appear to me to be directory – Uwais J.S.C.
OMISSION TO STATE THE HOME ADDRESS OF THE PLAINTIFF IN A PRE ACTION NOTICE CANNOT DEPRIVE THE PLAINTIFF HIS CONSTITUTIONAL RIGHT OF ACCESS TO COURT
non-compliance with Section 11(2) of the NNPC Act, 1977 by the mere omission to state the home address of the Plaintiff is not sufficiently substantial to deprive the Plaintiff his constitutional right of access to the Court under section 31 and the courts of the exercise of their jurisdiction under section 6(6)(b) of the Constitution 1979- Karibi- Whyte J.S.C
CASES CITED
Katsina Local Authority v. Makudawa (1971) 1 NMLR.100 at 105-6,
Umukoro v. NPA (1997) 4 NWLR.656
STATUTES REFERRED TO
The 1979 Constitution