Pre-action notices are recognized procedural provisions. They give the defendant breathing time so as to enable him to determine whether he should make reparation to the plaintiff.They are generally mandatory and should be issued before commencement of suit. However, a party entitled to be served a pre-action notice may voluntarily decide to waive the right to such notice or contract out of the right to be served such a notice.[1]So where a party who is entitled to be served the pre-action notice did not raise the issue of the non-service of the pre-action notice after he was served withย relevant processes but proceeded to file unconditional appearance and went to hearing, he is deemed to have waived the right. He cannot attempt to renege and reclaim such a rights,ย electiosemel facta non patiterregressum โelection once made cannot be recalled.ย [2]
[1]Ugwuanyi v NICON Insurance, Plc (2013) 11 NWLR (1366) 546ย at 611.
[2]Comptroller General, Nigeria Customs Services and others v Minaj Holdings Ltd. (2017) LPELR-43055(CA).