The interest condition and its effect on the proceeding of the annulment suit

Abstract

It is an established principle in the field of litigation that no claim can be filed without an interest. An interest is a necessary condition for the admissibility of any claim, a matter agreed upon by legal scholars. The requirement of interest in an annulment claim is a formal requirement. There is no claim without an interest. The necessity of the interest requirement in an annulment claim is essential to ensuring that the litigation process is not left unconditional. This ensures the seriousness of the plaintiff in filing the claim and prevents unjustified claims from accumulating before the courts. The general rule is that whenever an interest exists, the claim exists. If an interest is absent, the claim is also absent. Therefore, it must be present for the administrative claim to be admissible initially. There is no dispute that an interest is necessary when filing a claim. If an interest is absent, the claim is also absent. The absence of an interest leads to a ruling that the administrative claim is inadmissible, and consequently, it is inadmissible.