Sample of Preliminary Objection on Failure to serve Pre-action Notice

IN THE [COURT_NAME] IN THE [JUDICIAL_DIVISION] SUIT NO: [SUIT_NO] BETWEEN [CLAIMANT_NAME] PLAINTIFF/RESPONDENT AND [DEFENDANT_NAME] DEFENDANT/APPLICANT NOTICE OF PRELIMINARY OBJECTION BROUGHT PURSUANT TO SECTION 12(2) NIGERIAN NATIONAL PETROLEUM CORPORATION AND ORDER_____ RULE____ OF THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA (CIVIL PROCEDURE) RULES, 2004. TAKE NOTICE that at on the hearing of the above suit the Defendant/Applicant intends by way of preliminary objection to challenge the competence of the suit, and may be heard praying this Honourable Court for an order dismissing or striking out the suit. AND TAKE FURTHER NOTICE that the grounds on which the respondent intends to rely on are as follows: 1. The Action is incompetent as no requisite Pre-action Notice was served on the Defendant. 2. The Action is statute-barred having been filed outside the 3 months period under the NNPC Act. 3. This Honourable Court lacks jurisdiction to hear the suit. Dated this [DATE]. ………………………………………….. [DEFENDANT_COUNSEL] COUNSEL TO DEFENDANT/APPLICANT Whose Address for service is: [DEFENDANT_COUNSEL_ADDRESS] For Service on: [CLAIMANT_COUNSEL] COUNSEL TO PLAINTIFF/RESPONDENT [CLAIMANT_COUNSEL_ADDRESS]