CIVIL PROCEDURE — Undefended List — Fraud Allegation — Must Relate to Plaintiff’s Claim
Ratio Decidendi
Per Onu, JSC, in Okoli v. Morecab Finance (Nig) Ltd (2007) NLC-123-73-2002(SC) at p. 9; Paras E–A:
"For an allegation of fraud to avail a defendant in a suit placed on the Undefended List, it must be on matters relevant to the case set up by the plaintiff."
Explanation / Scope
An allegation of fraud can raise a triable issue in undefended list proceedings, but only if it relates to the plaintiff’s claim. A general or collateral allegation of fraud is insufficient. The fraud must be directly relevant to the cause of action. This prevents defendants from raising irrelevant fraud allegations to avoid judgment.