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face of the record thereafter. In other words,
that it is profoundly so where the party has
taken fresh steps in a matter since becoming
aware of his right to object in a cause or
matter afflicted by irregularities. In this case
the appellant has submitted that the instant
preliminary objection has been taken against
the trial court's jurisdiction to deal with the
action for not serving pre-action notice on the
respondent as required under Section 26(2)
vis-a-vis whether that right has been waived
because the respondent as defendant
according to the appellant has taken fresh
steps (3 (three) times) since becoming aware
of the instant irregularity that is to say by:
(1) entering an unconditional appearance. (2)
by filing a motion for preliminary objection;
and (3) by withdrawing same after a period of
one and half year. The appellant has relied on
order 26 Rules 4(1) of the High Court Rules
applicable to Enugu State to submit that a
party wishing to contest the competence of a
proceeding or an irregularity must enter a
conditional appearance and must not take
fresh step(s) since discovering the
irregularity. He submits that a single fresh
step suffices. He is peeved by the fact that the
court below has not deliberated on the facts
that the respondent here has filed a motion
which he has withdrawn and the effect of
having raised another one being the instant
application on the same ground as the