LEGAL PRINCIPLE: CIVIL PROCEDURE — Summary Judgment — Application after filing of statement of defence — Whether permissible
PRINCIPLE STATEMENT
A plaintiff may apply for summary judgment after a defence has been delivered, especially where the defence itself discloses facts that make the application right and proper.
RATIO DECIDENDI (SOURCE)
Per Agbaje, JSC, in Macaulay v. NAL Merchant Bank Ltd (1990) NLC-1861986(SC) at pp. 16–17; Paras A–B.
"The view taken by other Judges, and by the masters, is that the intention of Order XIV R.1, was that the plaintiff should apply within a reasonable time after the appearance of the defendant, but that it very often happens that a defence, which has been delivered, itself discloses facts which make an application under Order XIV right and proper."
EXPLANATION / SCOPE
A summary judgment application may be made after the defence is filed. The defence may reveal that there is no real defence. The court will examine whether the defence raises a triable issue. The principle prevents defendants from delaying by filing a defence that is sham. The application must be made within a reasonable time. The court has discretion. The rule applies under Order 14 of the Rules of Court. The defendant may still show cause. The application is not barred merely because a defence was filed. The court will strike out sham defences. The principle promotes efficiency in litigation.
