Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Provision for PLEA of Non-Admissibility in the Saudi Law

Author(s): Mohammed Ben Ali Al-Kabiri

 A Plea of Non-admissibility is one of the means by which the opponent denies the right of the other opponent to file the claim. It does not affect the alleged right or challenge the validity of the litigation proceedings; however, it is an independent plea designed to invoke the absence of the conditions and the elements necessary to file a claim. These conditions include the loss of legal status or interest, the expiration of the period specified in the law to file a claim, or the condition that the claim has already been considered. If the plea in abatement is concerned with the extent to which the litigant respected the proceedings, since the claim existed, but one of the litigants breached one of the formal requirements set by the law for the validity of the proceedings, and the substantive pleas related to the allegation of the case and the right in dispute, the plea of non-admissibility proved to be a stand-alone plea and the admissibility of the same would prevent and restrict the plaintiff freedom to present his claim before the competent court. 

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