LEGAL PRINCIPLE: CIVIL PROCEDURE — Undefended List — Application to Set Aside — Burden on Defendant
PRINCIPLE STATEMENT
To set aside a summary procedure judgment, the defendant must show by affidavit which must condescend upon particulars, a clearly and concisely stated defence, and the facts supporting it; and in addition state whether the defence goes to the whole or part of the claim.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Planwell Watershed Ltd. & Anor v. Ogala (2003) NLC-1131998(SC) at p. 8; Paras A–B.
"To be able to set aside a summary procedure judgment, the defendant must show by affidavit which must 'condescend upon particulars', a clearly and concisely stated defence, and the facts supporting it; and in addition state whether the defence goes to the whole or part of the claim."
EXPLANATION / SCOPE
The defendant bears the burden of showing a defence. The affidavit must condescend upon particulars (give specific details). The defence must be clearly and concisely stated. The principle applies to undefended list judgments. The defendant must also state whether the defence covers the whole or part of the claim. The principle is well-established.