LEGAL PRINCIPLE: CIVIL PROCEDURE — Undefended List — Affidavit Sworn by Counsel — Sufficiency
PRINCIPLE STATEMENT
The application must not only be supported by an affidavit but also by the proposed defence to the suit filed in undefended cause list. Merely stating that the defendant has a defence is not enough; the proposed defence must on the face of the affidavit be clear and such defence must be attached to the application.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Planwell Watershed Ltd. & Anor v. Ogala (2003) NLC-1131998(SC) at p. 3; Paras D–E.
"The application must not only be supported by an affidavit but also by the proposed defence to the suit filed in undefended cause list. Merely stating that the defendant has a defence is not enough; the proposed defence must on the face of the affidavit be clear and such defence must be attached to the application."
EXPLANATION / SCOPE
In undefended list proceedings, a defendant seeking to set aside judgment must attach the proposed defence. A mere assertion of having a defence is insufficient. The principle applies to summary procedure. The rule ensures that the court can assess the defence. The proposed defence must be clear and attached. The principle is well-established.