LEGAL PRINCIPLE: CIVIL PROCEDURE — Undefended List — Setting Aside Judgment — Requirement to Disclose a Defence on the Merits
PRINCIPLE STATEMENT
It is not enough merely to assert that he has a good defence to the action without giving full details of the actual defence he intends to put forward to the court.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Planwell Watershed Ltd. & Anor v. Ogala (2003) NLC-1131998(SC) at p. 4; Paras A–B.
"It is not enough merely to assert that he has a good defence to the action without giving full details of the actual defence he intends to put forward to the court."
EXPLANATION / SCOPE
A mere assertion of a good defence is insufficient. The defendant must give full details of the defence. The principle applies to undefended list proceedings. The court needs specifics to assess the defence. The rule prevents vague claims. The principle is well-established.