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CIVIL PROCEDURE ACT 2005 - SECT 63
Directions with respect to procedural irregularities
63 Directions with respect to procedural irregularities
(cf Act No 52 1970, section 81; Act No 9 1973, section 159; Act No 11 1970,
section 75A)
(1) This section applies to proceedings in connection with which
there is, by reason of anything done or omitted to be done, a failure to
comply with any requirement of this Act or of rules of court, whether in
respect of time, place, manner, form or content or in any other respect.
(2)
Such a failure- (a) is to be treated as an irregularity, and
(b) subject to
subsection (3), does not invalidate the proceedings, any step taken in the
proceedings or any document, judgment or order in the proceedings.
(3) The
court may do either or both of the following in respect of proceedings the
subject of a failure referred to in subsection (1)- (a) it may, by order, set
aside the proceedings, any step taken in the proceedings or any document,
judgment or order in the proceedings, either wholly or in part,
(b) it may
exercise its powers to allow amendments and to make orders dealing with the
proceedings generally.
(4) The court may not take action of the kind referred
to in subsection (3) (a) on the application of any party unless the
application is made within a reasonable time and, in any case, before the
party takes any fresh step in the proceedings after becoming aware of the
failure.
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