LEGAL PRINCIPLE: CIVIL PROCEDURE – Default judgment – Distinction between default judgment and judgment on the merits
PRINCIPLE STATEMENT
A judgment delivered following a hearing conducted in the absence of a defendant who failed to file a statement of defence is a default judgment and not a judgment on the merits. The court retains a discretionary power to set aside such a default judgment upon proper application.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Mohammed v. Husseini (1998) NLC-2331994(SC) at pp. 58–60; Paras D–B.
"A judgment delivered following a hearing conducted in the absence of a defendant who failed to file a statement of defence is a default judgment and not a judgment on the merits. The court retains a discretionary power to set aside such a default judgment upon proper application."
EXPLANATION / SCOPE
Default judgment is not a judgment on the merits. The court has discretion to set it aside. The principle applies to civil proceedings. The defendant must show good cause. The rule promotes fairness and access to justice. The court will consider the reasons for default. The principle is well-established.