PRINCIPLE STATEMENT

The affidavit must not contain merely a general statement of good defence but must be supported by particulars which if proved would constitute a defence. It is sufficient if the affidavit discloses a triable issue, a difficult point of law, a dispute as to facts, a real dispute as to amount, or any other circumstances showing reasonable grounds of a bona fide defence.

RATIO DECIDENDI (SOURCE)

Per Edozie, JSC, in Ataguba & Co. v. Gura Nig. Ltd (2005) NLC-2952000(SC) at pp. 8–9; Paras D–D.
"The object of the undefended list procedure is to enable a plaintiff whose claim is unarguable in law and where the facts are undisputed and it is inexpedient to allow a defendant to defend for mere purposes of delay, to enter judgment in respect of the amount claimed… [I]t has been held that it must disclose a prima facie defence… The affidavit must not contain merely a general statement that the defendant has a good defence to the action. Such a general statement must be supported by particulars which if proved would constitute a defence… It is sufficient if the affidavit discloses a triable issue or that a difficult point of law is involved; that there is a dispute as to the facts which ought to be tried, that there is a real dispute as to the amount due which requires the taking of an account to determine or any other circumstances showing reasonable grounds of a bona fide defence."
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EXPLANATION / SCOPE

An affidavit in support of notice to defend must disclose particulars of a prima facie defence, not mere general statements. Sufficient grounds include triable issues, difficult points of law, factual disputes, disputed amounts needing account, or reasonable grounds of bona fide defence. The principle applies to undefended list procedure. The rule prevents defendants from obtaining leave to defend without showing genuine defence. The trial court assesses the affidavit’s sufficiency.

CASES APPLYING THIS PRINCIPLE

Ataguba and Company v. Gura Nigeria Limited