CIVIL PROCEDURE — Undefended List — Defendant’s Affidavit — Evasive Denial Not Sufficient
Ratio Decidendi
Per Musdapher, JSC, in Okoli v. Morecab Finance (Nig) Ltd (2007) NLC-123-73-2002(SC) at pp. 15–16; Paras D–A:
"The appellant's defence as revealed in the affidavit was never direct, it was always evasive. He never categorically stated in clear terms, that he did not borrow the money and against this, the respondent produced his application for loan in writing and his acceptance of the loan as evidenced by the vouchers he signed."
Explanation / Scope
In undefended list proceedings, an evasive denial is insufficient to raise a triable issue. The defendant must directly and categorically deny the claim or provide specific facts challenging it. Where the plaintiff produces documentary evidence supporting the claim, vague or evasive denials will not suffice. The court will not transfer the suit to the general cause list.