Principle

JURISDICTION – Competence of Court – Conditions for Court’s Competence and Effect of Defect

Area of law
JURISDICTION
Court
Supreme Court

Competence requires three conditions: proper constitution, subject matter jurisdiction, and due process initiation. Any defect is fatal. The principle is fundamental to court proceedings. A nullity cannot be cured by consent. The court will strike out proceedings that are incompetent. The rule applies to all…

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