LEGAL PRINCIPLE: CIVIL PROCEDURE – Summary Judgment – General Denial of Indebtedness – Insufficiency as Defence
PRINCIPLE STATEMENT
The law is that such mere general denial of indebtedness will not suffice. The affidavit should state why the defendant is not indebted in full or in part, and then state the true position. In the present case the appellant's own calculation of the interest due should have been meticulously made.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Sanusi Brothers (Nigeria) Ltd. v. Cotia Commercio Exportacao e Importacao S.A. (2000) NLC-31995(SC) at p. 13; Paras A–B.
"The law is that such mere general denial of indebtedness will not suffice. The affidavit should state why the defendant is not indebted in full or in part, and then state the true position. In the present case the appellant's own calculation of the interest due should have been meticulously made."
EXPLANATION / SCOPE
A general denial of indebtedness is insufficient to obtain leave to defend. The defendant must state why they are not indebted—in whole or in part—and provide the true position. Specific figures, calculations, and factual basis are required. For disputed interest calculations, the defendant should meticulously compute their own version. This forces defendants to engage with the claim substantively, not merely deny. The court needs concrete facts to assess whether a genuine defence exists. Vague denials suggest the defence is a delaying tactic rather than a bona fide dispute. The requirement protects plaintiffs from unsubstantiated defences.