Ratio Decidendi

Per Onu, JSC, in Okoli v. Morecab Finance (Nig) Ltd (2007) NLC-123-73-2002(SC) at p. 9; Paras E–A:

"For an allegation of fraud to avail a defendant in a suit placed on the Undefended List, it must be on matters relevant to the case set up by the plaintiff."

Explanation / Scope

An allegation of fraud can raise a triable issue in undefended list proceedings, but only if it relates to the plaintiff’s claim. A general or collateral allegation of fraud is insufficient. The fraud must be directly relevant to the cause of action. This prevents defendants from raising irrelevant fraud allegations to avoid judgment.

Cases Applying This Principle