CIVIL PROCEDURE — Jurisdiction — Condition Precedent — Non-Compliance with Condition Precedent Renders Proceedings Nullity
Ratio Decidendi
Per Adekeye, JSC, in Agip (Nigeria) Ltd v. Agip Petroleum International & Ors (2010) NLC-351-2002(SC) at p. 24; Paras D–E:
"Where by a rule of court, the doing of an act or taking a procedural step is a condition precedent to the hearing of a case such rule must be strictly followed and obeyed. Non-compliance with a condition precedent is not a mere technical rule of procedure it goes to the root of the case. In the outcome, the court will not treat it as an irregularity but as nullifying the entire proceedings."
Explanation / Scope
This principle establishes that non-compliance with a condition precedent goes to jurisdiction and renders proceedings a nullity. Conditions precedent must be strictly followed. Such non-compliance is not a mere technicality but goes to the root of the case. The principle applies where a rule requires a specific step before proceedings can be heard. It ensures that procedural requirements are taken seriously. The principle reflects the importance of compliance with rules. It prevents courts from ignoring mandatory procedural steps. The court must determine if the step is a condition precedent. The principle provides guidance on the consequences of non-compliance.