ORDER 02 - EFFECT OF NON-COMPLIANCE

ADAMAWA

ORDER 2 - EFFECT OF NON-COMPLIANCE

1.  -(1) Where in beginning or purporting to begin any pro-ceedings, or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure may be treated as an irregularity and if so treated, will not nullify the proceedings, or any document, judgment or Order therein.

(2) The Court may on the ground that there has been such a failure as mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or Order therein, or it may exercise its powers under these rules to allow such amendments (if any) to be made and to make such Order (if any) dealing with the proceedings generally as it thinks fit.

2.  - (1) An application to set aside for irregularity any pro-ceedings, any step taken in any proceedings or any document, judg-ment or Order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2) Any application under the foregoing paragraph may be made by summons or motion on notice, and the grounds of objection shall be stated in the summons or notice of motion.

 

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