Baby v. Banda and Others – sllr 1999 volume 3 page 416

In Baby v. Banda and Others, the court addressed whether the District Court possessed jurisdiction when an application under section 56 of the Debt Conciliation Ordinance was pending before the Debt Conciliation Board, and whether non-service of summons invalidated the proceedings. It was determined that, in the absence of a condition precedent similar to section 14 of the Conciliation Board Act, the District Court’s lack of jurisdiction was patent and could be raised at any stage. The court underscored that defects in jurisdiction must be considered ex mero motu, in line with established case law. The revisionary jurisdiction of the court was exercised, resulting in the contested orders being set aside, and costs awarded to the petitioner. The decision reaffirmed the principle that jurisd