A CRITIQUE ON THE DOCTRINE OF PRE-ACTION NOTICE IN NIGERIA

  • Type: Project
  • Department: Law
  • Project ID: LAW0101
  • Access Fee: ₦5,000 ($14)
  • Chapters: 5 Chapters
  • Pages: 85 Pages
  • Format: Microsoft Word
  • Views: 1.2K
  • Report This work

For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853

A CRITIQUE ON THE DOCTRINE OF PRE-ACTION NOTICE IN NIGERIA

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
For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853

Share This
  • Type: Project
  • Department: Law
  • Project ID: LAW0101
  • Access Fee: ₦5,000 ($14)
  • Chapters: 5 Chapters
  • Pages: 85 Pages
  • Format: Microsoft Word
  • Views: 1.2K
Payment Instruction
Bank payment for Nigerians, Make a payment of ₦ 5,000 to

Bank GTBANK
gtbank
Account Name Obiaks Business Venture
Account Number 0211074565

Bitcoin: Make a payment of 0.0005 to

Bitcoin(Btc)

btc wallet
Copy to clipboard Copy text

500
Leave a comment...

    Details

    Type Project
    Department Law
    Project ID LAW0101
    Fee ₦5,000 ($14)
    Chapters 5 Chapters
    No of Pages 85 Pages
    Format Microsoft Word

    Related Works

    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... Continue Reading
    CONTENTS Title Page................................................................................................................... 1 1. Introduction................................................................................................................ 3 1.1... Continue Reading
    CONTENTS Title Page................................................................................................................... 1 1. Introduction................................................................................................................ 3 1.1... Continue Reading
    CHAPTER ONE GENERAL INTRODUCTION 1.0 BACKGROUND OF THE STUDY While philosophy began in wonder and curiosity about the nature of the universe, it progressed uninterruptedly through the ancient and medieval periods and infact, into the early modern era with its singular object: the search... Continue Reading
    CHAPTER ONE INTRODUCTION The concentration of powers in one arm of government may lead to dictatorship and arbitrary rule, therefore there is need to avoid the concentration of power in one arm, of government and each arm of government... Continue Reading
    ABSTRACT The concepts of democracy and governance have come to occupy a more “prominent position in the discourse of national and international development”. They have become key notions in which “citizens can have a more active role” which should enhance their positive view of the “increase legitimacy of the state”. As a matter of... Continue Reading
    ABSTRACT The concepts of democracy and governance have come to occupy a more “prominent position in the discourse of national and international development”. They have become key notions in which “citizens can have a more active role” which should enhance their positive view of the “increase legitimacy of the state”. As a matter of... Continue Reading
    ABSTRACT The internal security of lives and property in Nigeria is the paramount duty of designated security agencies such as the Nigeria Police Force. Policing can therefore be viewed as the provision of security and the maintenance of peace. To secure a large Federation of Nigeria with about 170 million population and 36 States and Federal... Continue Reading
    ABSTRACT The source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law. Customary law has great impact in the area of addressing matters... Continue Reading
    ABSTRACT The source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent.  In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law. Customary law has great impact in the area of addressing... Continue Reading
    Call Us
    Get this work
    whatsappWhatsApp Us