Facts:

The Appellant (as Applicant), pursuant to leave granted by the Federal High Court, Lagos Division (trial Court), permitting the Appellant to seek judicial review, the Appellant commenced a suit against the 1st Respondent by Originating Motion accompanied by an affidavit and a written address seeking for certain declarations and orders from the trial court.

Upon service of the originating process on Respondents (as Defendants), the 1st Respondent filed a counter-affidavit with exhibits attached and a Written Address, as well as a Notice of Preliminary Objection challenging the jurisdiction of the trial court to entertain the suit, on the ground that Pre-Action Notice was not served to it, thus, the conditions precedent to instituting the suit was not fulfilled by the Appellant before the action was commenced, and such amounted to an abuse of court process.

In this respect, parties joined issues, and upon hearing of the 1st Respondent’s Notice of Preliminary Objection, the trial court per Coram C.J. Aneke, J. delivered a considered ruling wherein it held that it had the jurisdiction to entertain the suit as constituted, except as regards the failure to serve a pre-hearing notice on the 1st Respondent, on the ground of which the suit was struck out.

Dissatisfied with the trial Court’s ruling, the Appellant appealed to the Court of Appeal.