*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]]>
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
_______________________________________________________________________
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
________________________________________________________________________ The Law And Practice Of Redundancy In Nigeria: A Practitioner’s Guide, Authored By A Labour & Employment Law Expert Bimbo Atilola
_______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
