AKIWUMI, J.S.C.: At the hearing of this appeal, counsel for the respondent having previously given notice of intention to rely upon preliminary objections and having filed grounds of such objections contends as follows:-
“(1) The plaintiff-appellant having failed to comply with section 149 of the Municipal Councils Ordinance (No. 9 of 1953), his action is premature.”
[His lordship here read section 149 which is set out in the headnote and continued:] It is not disputed that no notice as required by law was given to the defendant-respondent by the plaintiff or anybody on his behalf. In reply the plaintiff’s counsel contends that as the said section was not specifically pleaded nor canvassed in the trial and appellate court, the objection is not tenable at this stage, that is, on appeal to the Supreme Court, and that the defendant-respondent must be deemed to have waived these rights when the defendant submitted to the jurisdiction of the court and took part in the proceedings before the…