CIVIL PROCEDURE — Undefended List — Delay Tactics — Court Will Not Allow Sham Defence to Frustrate Plaintiff
Ratio Decidendi
Per Onu, JSC, in Okoli v. Morecab Finance (Nig) Ltd (2007) NLC-123-73-2002(SC) at pp. 10–11; Paras D–A:
"A defendant who has no real defence to the action should not be allowed to dribble and frustrate the plaintiff and cheat him out of judgment he is legitimately entitled to by delay tactics aimed, not at offering any real defence to the action but at gaining time within which he may continue to postpone meeting his obligation and indebtedness."
Explanation / Scope
The undefended list procedure is designed to prevent delay tactics by defendants with no real defence. The court will not allow a defendant to use sham defences to frustrate a plaintiff’s legitimate claim. The procedure ensures that clear-cut claims are determined expeditiously without being bogged down by frivolous defences.