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corporation before the expiration of a period
of one month after written notice of intention
to commence the suit shall have been served
upon the corporation by the intending plaintiff
or his agent; and the notice shall clearly and
explicitly state the cause of action, the
particulars of the claim, the name and place of
abode of the intending plaintiff and the relief
which he claims".
The provision of the foregoing Section is clear and
unambiguous and has to be given its literal
meaning. See Oviawe v. I.R.R. (supra). By the
phrase "No Suit" it is beyond argument that all
suits, causes and matters whether or not it is
founded upon a contract of services or specific
contract are within its ambit and so each of such
cases requires the service of pre-action notice to
constitute a competent action severally against a
defendant as the respondent here otherwise it is
fatal to the action. It has been the contention of
the appellant that the provision does not cover
contracts of service or specific contracts and has
relied on such cases as N.P.A. v. Construzioni
e.t.c. (supra) and the like cases as I have
mentioned herein for so contending. I think the
appellant has misconceived the meaning of the
phrase "No Suit" as used in the context of the Act
vis-a-vis the processes initiating any actions by due
process of law upon fulfilling the condition
precedent. I have no misgivings that the above
provision as I have surmised herein is wide enough
to cover all manner of actions, causes or matters