Principle

CONSTITUTIONAL LAW – Fair Hearing – Invalidity of Ex Parte Order for Execution Against Immovable Property

Area of law: CONSTITUTIONAL LAW
Court: Supreme Court

Notice is a condition precedent for execution against immovable property. Failure to give notice renders the proceedings a nullity. The principle protects fair hearing rights. The court loses competence without notice. The rule applies to all execution proceedings. The judgment creditor must follow the prescribed…

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