Principle

JURISDICTION – Competence of Court – Nullity Arising from Fundamental Defect of Non-Service

Area of law
JURISDICTION
Court
Supreme Court

Non-service of notice is a fundamental jurisdictional defect. The court lacks competence to proceed. The principle applies to all proceedings where notice is required. The defect cannot be cured. The rule protects the right to be heard. The proceedings are void ab initio. The principle…

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