Principle

CIVIL PROCEDURE — Originating Processes — Proceedings Commenced by Wrong Procedure Are a Nullity

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Commencing proceedings under the wrong procedure renders the entire proceedings a nullity. Due process requires compliance with the rules for each type of claim. A nullity cannot be cured by subsequent steps or consent of parties. The principle applies to all originating processes. The court…

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