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violation of some principle of law or
procedure. See Ogba v. State 1992 2 NWLR
pt.222 p.164 Dakolo v. Dakolo 2011 46
NSCQR p.669 Concurrent findings of the
courts below are that where a plaintiff's claim
is for a specific contract or whatever claim he
must serve on the defendant a pre-action
notice as provided by Section 26 of the NICON
Act, before the court can have jurisdiction to
hear his suit. This finding confirmed by the
Court of Appeal is perverse in the light of the
reasoning in NPA v. Construzioni supra which
states clearly that Section 97 of the Ports Act
and similar enactments are not intended by
the legislature to apply to specific contracts.
The concluding part of the appellant's brief
reads: "Set aside the judgment of the Court of
Appeal and enter judgment in favour of the
appellant." This cannot be done at this stage
since there was never a hearing of the
appellant's claim on the merits. The case was
struck out without a hearing on the merits
because the trial judge was of the view that
he did not have jurisdiction to hear the case.
In N.P.A. v. Construzioni Generali Supra this
court said: That Section 97 of the Port Act and
similar enactments are not intended by the
legislature to apply to specific contracts. Also
when goods have been sold and the price is to
be paid upon a quantum meruit the section
will not apply to an action for the price,
because the refusal or omission to pay would