CIVIL PROCEDURE — Undefended List — Defence on the Merits — What Constitutes a Defence Entitling Transfer to General Cause List
Ratio Decidendi
Per Mohammed, JSC, in Okoli v. Morecab Finance (Nig) Ltd (2007) NLC-123-73-2002(SC) at pp. 20–21; Paras A–C:
"A defendant in an undefended suit proceedings must show in his affidavit in support of his Notice of Intention to defend the suit not only that he intends to defend the action, but that the affidavit also discloses a real defence to the action on the merits. It is certainly not enough for such a defendant to merely assert that he has a good defence to the action without deposing to the relevant facts disclosing such defence."
Explanation / Scope
To obtain transfer from the undefended list, the defendant must disclose a real defence on the merits with specific facts. A mere assertion of a good defence is insufficient. The defendant must depose to relevant facts showing a triable issue. This prevents sham defences from delaying judgment.