*HERITAGE BANK LTD V. BENTWORTH FINANCE NIG LTD: And Co signing of Statement of Claim, is an irregularity that can be waived, Says Apex Court The Apex Court in Nigeria has given another landmark judgement on the 23rd of February, 2018 in the case of Heritage Bank Ltd v. Bentworth Finance (Nig) Ltd with suit No: Sc/75/2005. The judgement is peculiar not just because it is given by the highest Court of the land, but because it produces an exception to the rule in Okafor v. Nweke which is to the effect that a Law firm is not a proper person to sign processes of court. The exception in this regard, does not outrightly permit a firm to do so, it rather speaks of a situation where such irregularity can be waived. The respondent had filed a statement of claim on the 19th day of September, 1990 which was signed and settled by Beatrice Fisher and Co, a person whose name is not on the roll call of legal practitioners registered in the Supreme Court and licensed to practice. Brought before the court, the respondent argued that the alleged defective process was settled and filed in 1990, before the decision in Okafor v. Nweke was given. The Supreme Court whilst describing the argument of the respondent as lazy and Laiser Faire, stated that there is a difference between substantive and procedural jurisdiction. According to Justice Ejembi Eko who gave the leading judgement, defect in procedure is not same with defect in competence or jurisdiction. To the court, while a defect in procedure can be waived, it is not same with substantive jurisdiction. The court stated that while a defect in statement of claim is mere irregularity, a defect in an originating process goes to the root. Although, the court stated that a defect in procedure which technically include statement of claim and originating process can be waved, the attitude of the court seem to show that its frowns at a defect in originating processes since it goes to the root. In other words, the attitude of the court would have been different if & Co had signed and settled the originating processes. Click to Download Copy of the Judgment in PDF Format]]>
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