LEGAL PRINCIPLE: CIVIL PROCEDURE – Summary Judgment – Issue or Question in Dispute Ought to Be Tried
PRINCIPLE STATEMENT
On a cool, calm and objective reading of the above paragraphs of the appellant's affidavit which were reflected in the statement of defence, it was apparent that the appellant raised weighty issues which would entitle him to defend the action. At that stage, the 1st defendant was not bound to show a good defence. It must however satisfy the Judge that there is an issue or question in dispute which ought to be tried.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in F.S.B. International Bank Ltd. v. Imano Nigeria Ltd. & Anor (2000) NLC-251995(SC) at pp. 16–17; Paras A–C.
"On a cool, calm and objective reading of the above paragraphs of the appellant's affidavit which were reflected in the statement of defence, it was apparent that the appellant raised weighty issues which would entitle him to defend the action. At that stage, the 1st defendant was not bound to show a good defence. It must however satisfy the Judge that there is an issue or question in dispute which ought to be tried."
EXPLANATION / SCOPE
In summary judgment proceedings, the defendant need not establish a good defence on the merits. The threshold is lower: demonstrating an issue or question in dispute that ought to be tried. If the defendant raises triable issues—matters requiring oral evidence, credibility assessment, or legal argument—summary judgment must be refused. The court’s role is to identify genuine disputes, not to resolve them. Any real doubt entitles the defendant to a full trial. Summary judgment is reserved for cases where the claim is incontrovertible.