LEGAL PRINCIPLE: CIVIL PROCEDURE — Summary Judgment — Affidavit showing cause — Requirements for disclosing a defence
PRINCIPLE STATEMENT
A defendant's affidavit must condescend upon particulars, deal specifically with the plaintiff's claim, and state clearly and concisely what the defence is; a mere general denial of indebtedness is insufficient unless grounds are stated.
RATIO DECIDENDI (SOURCE)
Per Agbaje, JSC, in Macaulay v. NAL Merchant Bank Ltd (1990) NLC-1861986(SC) at pp. 18–19; Paras A–B.
"The defendant's affidavit must 'condescend upon particulars', and should, as far as possible, deal specifically with the plaintiff's claim and affidavit, and state clearly and concisely what the defence is, and what facts are relied on as supporting it. A mere general denial that the defendant is indebted will not suffice unless the grounds on which the defendant relies as showing that he is not indebted are stated."
EXPLANATION / SCOPE
In summary judgment proceedings, the defendant’s affidavit must provide specific particulars. A bare denial is insufficient. The defendant must state the facts constituting the defence. The principle ensures that only genuine defences proceed. The court can assess whether the defence is bona fide. The defendant cannot rely on evasive or vague assertions. The rule applies to all summary judgment applications. The defendant must show a triable issue. The court will strike out sham defences. The principle prevents delay and abuse of process. The defendant must condescend to particulars—give specific details, not generalities.
