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irregularity by an application challenging the
competency of the action without first having
been served with a pre-action notice. In fact
what has transpired since the first application
to challenge the competency of the action can
be characterised as processes challenging the
writ. In this regard the respondent has not
relented at all. The crucial question here is
discovering a clear mindset of the respondent
as per his actions in regard to the exercise of
his right of making a choice of the two
benefits available to him as predicated upon in
the circumstances of the peculiar facts of this
matter; that is to say, in this case
notwithstanding that he has entered an
unconditional appearance before protesting
the incompetency of the action. In other
words, the court has to be satisfied that the
party as the respondent here has consciously
waived his right so as to uphold the plea of
waiver. Put in another way such skirmishes as
have occurred in regard to the facts in this
matter cannot be taken to constitute a
voluntary waiver. See Kano State
Development Board v. Fanz Construction Ltd.
(supra)." Per CHUKWUMA-ENEH, J.S.C. - read
in context
5 PRACTICE AND PROCEDURE -
PRE-ACTION NOTICE: Whether a plaintiff
who sues on a contract of employment needs