Code of Organization and Civil Procedure (Cap. 12), article 789

789. (1) The plea of nullity of ju dicial acts is admissible - (a) if the nullity is expressly declared by law; (b) if the act emanates from an incompetent court; (c) if the act contains a violation of the form prescribed by law, even though not on pain of nullity, provided such violation has caused to the party pleading the nullity a prejudice which cannot be r emedied otherwise than by annulling the act; (d) if the act is defect ive in any of the essential particulars expressly prescribed by law: Provided that such plea of nullity as is contemplated in paragraphs ( a), (c) and ( d) shall not be admissible if such defect or violation is capable of remedy un der any other provision of law . (2) The plea of nullity of an act, under sub-article (1)( c), shall not be admissible if the party ple ading such nullity has procee ded, or has knowingly suffered others to proceed, to subsequent acts , without pleading such nullity. Where plea of nullity of judgment may not be entertained. Substituted by: XXIV .1995.294.