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The High Court struck out a land suit for failure to serve a fresh statutory notice on government defendants before filing.
The Plaintiffs' failure to serve the mandatory 90-days' notice on the 1st and 6th Defendants, and the Solicitor General, as required by statute, is a fatal defect that renders the suit incompetent.
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The suit was struck out as incompetent due to the plaint being improperly signed and verified by a natural person as principal officer, which is a mandatory procedural defect not curable by amendment or the overriding objective principle.
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The High Court dismissed preliminary objections on jurisdiction and statutory notice, holding that suits against government agents belong in the High Court and that the 90-day notice remained valid.
Failure to join the Attorney General as a necessary party in a suit against a government officer renders the suit incompetent under section 6(3) of the Government Proceedings Act, Cap 5 R.E. 2002.
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