Exceptions In Litigation Proceedings

Litigation proceedings in itself is an acrimonious procedure and Parties to the proceedings try to have it finalized as soon as possible, alternatively, they try to drag out the proceedings to cause undue delays for various reasons. Where a summons or a pleading has an inherent defect, a Party may raise an exception thereto. The objective of an exception is essentially to shorten the legal proceedings on the basis that it would be unfair or prejudicial to continue the proceedings because of the defect.

Rule 23 of the Uniform Rules of Court makes provision for a litigant to raise an exception in the High Court. There are two grounds of exception that can be raised, and it is imperative to be able to distinguish between the two.