CIVIL PROCEDURE — Undefended List Procedure — Plaintiff’s Burden — Affidavit Must Show Defendant Has No Defence
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Nkwo Market Community Bank (Nig) Ltd v. Obi (2010) NLC-2802002(SC) at p. 8, para. D – p. 9, para. A:
"A plaintiff who wants his suit placed on the undefended list must file an affidavit at the time he is making an application for the issuance of the writ. The Affidavit must depose to facts from which the court can come to the conclusion that the defendant has no defence. It is only when the court comes to that conclusion from the facts placed before it through the affidavit that an order to place the suit on the undefended list will be made."
Explanation / Scope
This principle establishes that a plaintiff seeking to place a suit on the undefended list must file an affidavit showing the defendant has no defence. The principle applies in undefended list procedure. It ensures that the plaintiff establishes a prima facie case. The principle reflects that the procedure is for claims where no defence exists. It prevents abuse of the summary procedure. The court must be satisfied from the affidavit. The principle provides guidance on the plaintiff’s burden.