CIVIL PROCEDURE — Undefended List — Judgment Without Formal Proof — When Permissible
Ratio Decidendi
Per Mukhtar, JSC, in Nwankwo & Anor v. Ecumenical Development Co-Operative Society (EDCS) U.A (2007) NLC-123-33-2002(SC) at pp. 14–15; Paras D–A:
"By the provision of Rule 9(4) of Order 24, a plaintiff is not required to call witnesses to prove its case once the defendant fails to show a triable issue or make a prima facie defence on the merit. The trial court rightly heard and determined the case based on affidavit evidence of the parties and addresses of counsel thereon. Since no triable issue or defence on the merit was shown, there was no need to transfer the suit to the general cause list where pleadings and oral evidence would be warranted."
Explanation / Scope
In undefended list proceedings, if the defendant fails to disclose a triable issue, the court may enter judgment without formal proof. The court decides on the affidavit evidence and addresses of counsel. No oral evidence or transfer to the general cause list is required. This procedure is designed for clear-cut claims where the defendant has no genuine defence.