LEGAL PRINCIPLE: CIVIL PROCEDURE — Undefended List — Notice of Intention to Defend — Statutory Requirement
PRINCIPLE STATEMENT
A defendant in an undefended list proceeding must show in his affidavit not only that he intends to defend the action but also discloses his defence to the action on the merits of the case.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Planwell Watershed Ltd. & Anor v. Ogala (2003) NLC-1131998(SC) at p. 4; Paras C–D.
"By this provision, a defendant in an undefended list proceeding must show in his affidavit not only that he intends to defend the action but also he discloses his defence to the action on the merits of the case."
EXPLANATION / SCOPE
Notice of intention to defend requires disclosure of the defence on the merits. The principle applies to undefended list procedure. Mere intention is insufficient. The rule ensures that the court can assess the defence. The affidavit must disclose the defence. The principle is well-established.