CIVIL PROCEDURE — Undefended List — Intention to Raise Defence — Insufficient
Ratio Decidendi
Per Ogbuagu, JSC, in Nwankwo & Anor v. Ecumenical Development Co-Operative Society (EDCS) U.A (2007) NLC-123-33-2002(SC) at pp. 34–35; Paras E–A:
"The defendants intend to raise a defence of limitation of time … is a mere intention, a wish or proposal in future. Unless that intention materialises or the said defence is raised and particulars given in the affidavit in support of the notice to defend, it remains an intention not actualised in concrete terms or facts."
Explanation / Scope
A mere intention to raise a defence is insufficient in undefended list proceedings. The defendant must actually raise the defence and give particulars in the affidavit supporting the notice to defend. An unsubstantiated intention is not a triable issue. The court requires concrete facts showing a bona fide defence to transfer the suit to the general cause list.