LEGAL PRINCIPLE: CIVIL PROCEDURE – Pre-Action Notice – Interpretation of Section 46(1) University of Ife Edict 1970 vis-à-vis Section 97 Ports Act
PRINCIPLE STATEMENT
Section 46(1) of the University of Ife Edict is not the same as Section 97 of the Ports Act. The Ports Act is restrictive in its application, whereas Section 46(1) of the Edict is wide and covers a lot of grounds.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Fawehinmi Construction Co. Ltd. v. Awolowo University (1998) NLC-2241991(SC) at p. 8; Para B.
"Section 46(1) of the Edict is certainly not the same with Section 97 of the Ports Act... The Ports Act in section 97 is restrictive in its application whereas Section 46(1) of the Edict is wide and covered a lot of grounds."
EXPLANATION / SCOPE
Different statutory notice provisions must be interpreted according to their wording. A restrictive provision differs from a wide provision. The principle applies to statutory interpretation. The court will examine the language of each statute. The rule prevents conflating different provisions. The wide provision covers more grounds. The restrictive provision limits the scope of actions requiring notice. The principle promotes accurate interpretation. The court will give effect to the legislative intent.