Order 11 — SUMMARY JUDGMENT

(1) This order shall apply only to liquidated money demands.

(2) The provisions of Order 3 Rule 2 shall not apply to any proceedings brought under this order.

Where a claimant believes that there is no defence to his claim, he shall file with his writ of summons, a motion on notice for Summary Judgment, which shall be accompanied by an affidavit stating the grounds for the belief.

A claimant shall in addition to the Court’s copy, deliver to the Registrar as many copies of the processes referred to in rule 2 of this order as there are Defendants.

Where a Defendant served with the process referred to in rule 2 of this order intends to defend the suit, he shall within 5 days of service on him (or in the case of a person served outside Abia State within 30 days) of the service, file notice in writing of his intention to defend the suit together with an affidavit setting out the grounds of his defence.

The Defendant shall within 14 days of the filing of his notice of intention to defend, file a written brief articulating his case. The Claimant shall upon service on him of the Defendant’s brief, file a written brief articulating his case within 14 days. The Defendant upon service of the Claimant’s written brief on him shall file any reply on points of law within 7 days.

Where upon going through the documents filed by or on behalf of the parties under the preceding rules of this order, and after hearing Counsel in adumbration, it appears to a Judge that the Defendant has no good defence to the claim, the Judge shall on the date fixed on the motion paper for hearing or on any other date the case is adjourned, enter Judgment for the Claimant without requiring further evidence.

(1) Where upon going through the documents filed by or on behalf of the parties, it appears to a Judge, that a Defendant has a good defence and ought to be permitted to defend the claim the Judge may without hearing Counsel, grant the Defendant leave to defend the suit and the suit shall subject to rules 9 and 10 of this order, be adjourned for trial.

(2) Where it appears to a Judge that the defendant has a good defence to part of the claim but no defence to other parts of the claim, the Judge may thereupon enter judgment for that part of the claim to which there is no defence and grant leave to defend that part to which there is a defence.

8. Where a Judge grants the Defendant leave to defend the suit the Claimant shall within 30 days thereof file in the registry his Statement of Claim, along with the list of his witnesses, their written statements on Oath, and the documentary exhibits and list of non-documentary exhibits he intends to use at the trial.

9. The Defendant shall within 21 days of the service on him of the Claimant’s Statement of Claim and other processes referred to in Rule 8 of this order file Statement of Defence along with a list of his witnesses their written statements on oath, copies of documentary exhibits and list of non documentary exhibits he intends to use at the trial.

(1) Where the defendant admits part of the claim or where it appears to a Judge that the Defendant has a good defence to part of the claim but no defence to other parts of the claim, the Judge may after hearing Counsel, enter judgment for that admitted part or for the part of the claim to which there is no defence and shall thereupon grant leave to the Defendant to defend that part to which there is a defence and shall then adjourn it for trial subject to rules 8 and 9 of this order for trial.

(2) Where judgment for part of the claim under rule 10 (1) of this rule is entered, the provision of rules 8 and 9 of this order as to filing of pleadings and other processes shall be complied with by the parties in relation to part of the claim for which judgment is not entered.

(1) Where there are several defendants whose liabilities to the claim are severable from one another and it appears to a Judge, after hearing Counsel, that any of the defendants has a good defence and ought to be permitted to defend the claim and other defendants have no good defence and ought not to be permitted to defend, the former may be permitted to defend and the Judge shall enter judgment against the latter.

(2) Where the Judge grants leave to some of the Defendants to defend, he shall adjourn the matter subject to rules 8 and 9 of this order for trial.