Nullity of the Statement of Claim

Nullity of the Statement of Claim

If the Court of Appeal rules that the statement of claim submitted at first instance is null and void, it may not proceed to examine the merits of the case. Its role must stop at the declaration of nullity. Should it go beyond that and address the substance of the dispute, its judgment would be rendered in the absence of a valid legal proceeding.

Supreme Court
Appeal No. 749/2020 – Session dated 02/02/2021