Land Case No
Failure to serve the mandatory 90 days' notice on both the Attorney General and Solicitor General, as required by section 6(2) of the Government Proceedings Act, renders the suit incompetent. The statutory requirement is mandatory and noncompliance cannot be cured by arguments of misjoinder or overriding objective. The appropriate remedy is to strike out the suit with liberty to refile upon compliance.
Source excerpt
- Notice requirement under government proceedings act
- Misjoinder of parties
- Striking out suits
- Procedural compliance