<p>SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Justice Chukwura Nnamani sitting at Federal High Court 1, Benin City delivered on 19th day of June, 2008. The Appellant as Defendant at the lower court challenged the jurisdiction of the court to entertain the Suit on the ground the action is statute-barred and that there is no valid pre-action notice issued on the Defendant before instituting the action.</p><p> The Appellant at the lower court filed a Motion on Notice setting down for hearing and determination the points of law raised in her statement of defence. The statement of defence is at pages 18 - 20 of the Records of Appeal, while the Motion on Notice is at pages 34 - 36 of the Records of Appeal. The trial Judge without ruling on the Preliminary Objection raised on the jurisdiction of the court to entertain the suit went ahead and gave final Judgment in favour of the Respondent.</p><p> The summary of the facts in this appeal is as follows:-</p><p>…</p>