LEGAL PRINCIPLE: CIVIL PROCEDURE – Summary Judgment – Conditional Leave to Defend – Requirements for Disclosing a Prima Facie Defence
PRINCIPLE STATEMENT
The defendant's affidavit must condescend upon particulars and as far as possible deal specifically with the plaintiff's claim and affidavit, and should also clearly and concisely state what the defence is. A mere denial by the defendant of the plaintiff's indebtedness is not enough. It is also not enough for the defendant to show a case of hardship, nor a mere inability to pay. In all cases the defendant must provide sufficient particulars to show that there is a bona fide defence. Where legal objection is raised, the fact and the point of law arising therefrom must be clearly and adequately stated.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Sanusi Brothers (Nigeria) Ltd. v. Cotia Commercio Exportacao e Importacao S.A. (2000) NLC-31995(SC) at p. 8; Paras A–B.
"The defendant's affidavit must condescend upon particulars and as far as possible deal specifically with the plaintiff's claim and affidavit, and should also clearly and concisely state what the defence is. A mere denial by the defendant of the plaintiff's indebtedness is not enough. It is also not enough for the defendant to show a case of hardship, nor a mere inability to pay. In all cases the defendant must provide sufficient particulars to show that there is a bona fide defence. Where legal objection is raised, the fact and the point of law arising therefrom must be clearly and adequately stated."
EXPLANATION / SCOPE
To obtain conditional leave to defend, the defendant’s affidavit must condescend upon particulars—specific facts showing a bona fide defence. Mere denial, hardship, or inability to pay is insufficient. The defence must be clearly and concisely stated. For legal objections, the point of law must be clearly articulated. This ensures summary judgment procedure is not defeated by vague or evasive affidavits. The court must be able to discern a real defence, not speculation or moonshine. The requirement protects plaintiffs from unjust delay while allowing genuine defences to proceed. Particulars must be factual, not conclusory.