LEGAL PRINCIPLE: CIVIL PROCEDURE — Undefended List — Judgment Under Undefended List Treated as Judgment on the Merits
PRINCIPLE STATEMENT
A judgment obtained under the undefended list cannot be set aside as it is treated as a judgment on the merit, except where a rule provision allows setting aside.
RATIO DECIDENDI (SOURCE)
Per Ogbuagu, JSC, in Duke v. Akpabuyo Local Govt (2005) NLC-1282001(SC) at p. 16; Paras A–C.
"A judgment obtained under the undefended list cannot be set aside as it is treated as a judgment on the merit, except there is a provision in the rule of any particular State in Nigeria, for the setting aside of such judgment. There are many decided authorities in this regard. But let me just mention the cases of U.A. C. (Technical) Ltd. v. Anglo Canadian Cement Ltd. (1966) NMLR 349; Bank of the North Ltd. v. Intra Bank S.A. (1969) 1 ANLR 91; Owena Bank (Nig.) Ltd. v. Akintuyi (1992) 8 NWLR (Pt.259) 347 at 354-355 C.A. and recently Kalu Mark & anor. v. Eke (2000) 1 SCNJ 245 at 261- 262, 264; (2004) 5 NWLR (Pt. 865) 54."
EXPLANATION / SCOPE
Undefended list judgment is a judgment on the merits and cannot be set aside absent rule provision. The principle applies to civil procedure.