A CRITIQUE ON THE DOCTRINE OF PRE-ACTION NOTICE IN NIGERIA

 A CRITIQUE ON THE DOCTRINE OF PRE-ACTION NOTICE IN NIGERIA

ABSTRACT

The procedural aspect of the law is generally provided in the various Rules of Court which are applied from the Magistrates’ Courts to the Supreme Court. Rules of Court are meant to be obeyed. Apart from Rules of Court, there are other statutes which provide for procedure. Apart from Rules of Court or statutes which are specifically enacted to regulate procedure, other statutes which establish corporations for example, also stipulate procedural requirements. A good number of pre-action notices can be found in such statutes. The law is that where a statute has provided for how something should be done, such a provision must be complied with. It is indeed a concern that the applicability of pre-action notice is not in consonance with the spirit of the rule of law. It is important to note that a deep-rooted analysis of relevant procedural law does not in fact guarantee pre-action notice any justification. No useful purpose is achieved by continuing to uphold the constitutionality of pre-action notices. The reasons which are used to justify the notices can be dispensed with. A letter from a prospective plaintiff or his agent should be enough to commence a process of deciding whether to make reparations to the plaintiff or not. Anachronistic rules such as pre-action notices serve no end of justice and it is often a procedural requirement which is employed by defendants to delay or deny an inquiry into the merits of the case. They also cause untold hardship. The aim of this work is to distill the inadequacies and excesses of pre-action notice as currently applicable in Nigeria. This work will also look at the position of other countries as it relates to the doctrine of pre-action notice and finally proffer solutions. This work is divided into five chapters. Chapter One deals with the general introduction while Chapter Two deals with the doctrine of pre-action notice as it applies in Nigeria. Chapter Three deals with the doctrine of pre-action notice as an obstacle to justice while Chapter Four deals with the application of the doctrine of pre-action notice in foreign jurisdictions. Finally, Chapter Five deals with the conclusion and recommendations.

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How To Write Chapter Three Of Your Research Project (Research Methodology)

  • Methodology In Research Paper


    Chapter three of the research project or the research methodology is another significant part of the research project writing. In developing the chapter three of the research project, you state the purpose of research, research method you wish to adopt, the instruments to be used, where you will collect your data, types of data collection, and how you collected it.

    This chapter explains the different methods to be used in the research project. Here you mention the procedures and strategies you will employ in the study such as research design, study design in research, research area (area of the study), the population of the study, etc. You also tell the reader your research design methods, why you chose a particular method, method of analysis, how you planned to analyze your data.

    Your methodology should be written in a simple language such that other researchers can follow the method and arrive at the same conclusion or findings.

    You can choose a survey design when you want to survey a particular location or behavior by administering instruments such as structured questionnaires, interviews, or experimental; if you intend manipulating some variables.

    The purpose of chapter three (research methodology) is to give an experienced investigator enough information to replicate the study. Some supervisors do not understand this and require students to write what is in effect, a textbook.

    A research design is used to structure the research and to show how all of the major parts of the research project, including the sample, measures, and methods of assignment, work together to address the central research questions in the study. The chapter three should begin with a paragraph reiterating the purpose of research. It is very important that before choosing design methods try and ask yourself the following questions: Will I generate enough information that will help me to solve the research problem by adopting this method?

    Method vs Methodology

    I think the most appropriate in methods versus methodology is to think in terms of their inter-connectedness and relationship between both. You should not beging thinking so much about research methods without thinking of developing a research methodology.

    Metodologia or methodology is the consideration of your research objectives and the most effective method and approach to meet those objectives. That is to say that methodology in research paper is the first step in planning a research project work.

    Design Methodology: Methodological Approach

    Example of methodology in research paper, you are attempting to identify the influence of personality on a road accident, you may wish to look at different personality types, you may also look at accident records from the FRSC, you may also wish to look at the personality of drivers that are accident victims, once you adopt this method, you are already doing a survey, and that becomes your metodologia or methodology.

    Your methodology should aim to provide you with the information to allow you to come to some conclusions about the personalities that are susceptible to a road accident or those personality types that are likely to have a road accident.

    The following subjects may or may not be in the order required by a particular institution of higher education, but all of the subjects constitute a defensible in metodologia or methodology chapter.

    Click here to complete this article - How To Write Chapter Three Of Your Research Project (Research Methodology)

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