Principle

JURISDICTION – Waiver – Fundamental Jurisdictional Defect Cannot Be Waived

Area of law
JURISDICTION
Court
Supreme Court

Fundamental jurisdictional defects cannot be waived by consent or acquiescence. The court must raise the issue suo motu. The principle applies to all proceedings. A nullity remains a nullity regardless of the parties' conduct. The rule protects the integrity of the judicial system. The court…

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