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The High Court struck out a land claim as premature because the plaintiff failed to comply with mandatory 90-day statutory notice requirements before suing the defendants.
The High Court struck out a land suit as premature because the plaintiffs failed to serve mandatory 90-day statutory notice on all required government defendants.
The plaintiff did not serve the statutory notice of intention to sue to the Attorney General as required by section 6(2) of the Government Proceedings Act. Failure to serve the notice renders the suit incompetent and premature, warranting its striking out.
Source excerpt
The court overruled preliminary objections, held the dispute should be stayed pending arbitration, and declined to dismiss the suit.
The High Court struck out an amended plaint for lack of leave, held the suit premature against a company in liquidation, and dismissed the case with costs.
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