Ratio Decidendi

Per Musdapher, JSC, in Ukiri v. Geco-Prakla (Nig.) Ltd (2010) NLC-123-141-2003(SC) at pp. 9–10; Paras D–A:

"A Statement of Defence filed out of time and in contravention of the rules of court was not a void document and remains 'a valid document until set aside'."
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Explanation / Scope

This principle establishes that a Statement of Defence filed out of time is not void but remains valid until set aside. The principle applies where pleadings are filed irregularly. It ensures that irregular filings are not automatically nullities. The principle reflects that irregularities can be cured. It prevents parties from ignoring irregular filings. The court must consider whether to set aside. The principle provides guidance on the effect of irregular filings.

Cases Applying This Principle

E. B. Ukiri v. Geco-Prakla (Nig.) Ltd