LEGAL PRINCIPLE: CIVIL PROCEDURE – Default Judgment – Effect of Failure to File Statement of Defence
PRINCIPLE STATEMENT
Where a defendant does not file a statement of defence, he does not join issue with the plaintiff. The court below errs in relying on exhibits not pleaded and on evidence that went to no issue.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Okpanum v. S.G.E. Nigeria Ltd. (1998) NLC-2681991(SC) at pp. 6–7; Paras E–A.
"It is incontrovertible therefore, that the defendant did not join issue with the plaintiff on his averments in the statement of claim as it did not file a statement of defence in the case... I take the view that the court below was wrong to refer to and rely on the said Exhibits ‘C’ and ‘F’ in arriving at its judgment in the case as they did not constitute further or additional evidence in the case... the said Exhibits ‘C’ and ‘F’ as well as the whole evidence... went to no issue as the defendant did not join issue with the plaintiff on the averments in the statement of claim."
EXPLANATION / SCOPE
Failure to file a defence means no issue is joined. The plaintiff’s averments are deemed admitted. The principle applies to default judgments. The court cannot rely on unpleaded evidence. The rule promotes the finality of default judgments. The defendant cannot contest the claim without filing a defence. The principle is fundamental to civil procedure.