ruling COMMERCIAL CASE NO
Failure to issue a 90-days statutory notice to the government and to join the Attorney General as a necessary party, where relief is sought against a government institution, is a fatal defect under Section 6(2), 6(3), and 6(4) of the Government Proceedings Act. The petition is incompetent and must be struck out. Exceeding the page limit is an irregularity but not fatal; however, the statutory notice defect vitiates the proceedings.
Source excerpt
- Jurisdiction
- Statutory notice to government
- Joinder of attorney general
- Procedural compliance
- Fraud allegations
- Page limit violation