Ratio Decidendi

Per Muntaka-Coomassie, JSC, in Nkwo Market Community Bank (Nig) Ltd v. Obi (2010) NLC-2802002(SC) at p. 8, para. B:

"Where there is a conflict in the affidavits of the parties, evidence is the only way by which the conflict can be resolved and it is mandatory to enter the suit on the general cause list."

Explanation / Scope

This principle establishes that where affidavits conflict, the suit must be transferred to the general cause list for evidence to resolve the conflict. The principle applies in undefended list procedure. It ensures that disputed facts are determined by evidence. The principle reflects that summary procedure is unsuitable where facts are contested. It prevents summary judgment on disputed facts. The court must transfer the suit. The principle provides guidance on resolving conflicts in affidavits.

Cases Applying This Principle