LEGAL PRINCIPLE: CIVIL PROCEDURE – Summary Judgment – Sham Defence – Effect of Filing a Statement of Defence Without Merit
PRINCIPLE STATEMENT
The fact that a defendant has served a statement of defence can only be sufficient to allow him defend the claim if it is not a sham defence. The essence of proceedings under Order 10 is to give judgment for admitted claim. On the facts of this case and having regard to the exhibits tendered the learned trial Judge found that the appellant received the goods and admitted the claims of the respondent. The appellant was unable to show that he had defences on merit to the action.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Sanusi Brothers (Nigeria) Ltd. v. Cotia Commercio Exportacao e Importacao S.A. (2000) NLC-31995(SC) at pp. 8–9; Paras E–A.
"The fact that a defendant has served a statement of defence can only be sufficient to allow him defend the claim if it is not a sham defence. The essence of proceedings under Order 10 is to give judgment for admitted claim. On the facts of this case and having regard to the exhibits tendered the learned trial Judge found that the appellant received the goods and admitted the claims of the respondent. The appellant was unable to show that he had defences on merit to the action."
EXPLANATION / SCOPE
Filing a statement of defence does not automatically entitle the defendant to defend—the defence must not be a sham. Summary judgment (Order 10) aims to give judgment for admitted claims without trial. If the defence is without merit, the court may enter judgment. A sham defence is one that is clearly false or has no prospect of success. The court examines whether the defendant has shown a genuine, triable defence. Mere procedural compliance in filing a defence does not defeat summary judgment. The court looks at substance, not form. Admissions or exhibits contradicting the defence may demonstrate shaminess.