LEGAL PRINCIPLE: STATUTORY INTERPRETATION – Pre-Action Notice – Applicability to Actions Founded on Contract
PRINCIPLE STATEMENT
Section 46(1) of the University of Ife Edict applies not only to cases based on tort but equally to cases based on contract. It speaks of "no suit" and not "any suit for any act done in pursuance or intended execution of any Act or law."
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Fawehinmi Construction Co. Ltd. v. Awolowo University (1998) NLC-2241991(SC) at p. 20; Para D – p. 21; Para A.
"Section 46(1) applies not only to cases based on tort but equally to cases based on contract... Section 46(1) speaks of ‘no suit’ and not ‘any suit for any act done in pursuance or intended execution of any Act or law...’ as contained in Section 97(1)."
EXPLANATION / SCOPE
The statutory language determines coverage. “No suit” is broader than “any suit for any act done in pursuance of an Act.” The principle applies to interpretation of notice provisions. Contract claims are included. The rule prevents restrictive reading where the language is wide. The court will give effect to the plain meaning. The principle promotes compliance with statutory requirements. The plaintiff must give notice before suing on any claim.