CIVIL PROCEDURE — Undefended List Procedure — Affidavit in Support of Notice of Intention to Defend — Requirements for Disclosing Defence on the Merit
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Nkwo Market Community Bank (Nig) Ltd v. Obi (2010) NLC-2802002(SC) at p. 7, para. C – p. 8, para. A:
"The affidavit must not contain merely a general statement that the defendant has a good defence to the action, such general statement must be supported by particulars which if proved would constitute a defence. It is sufficient, if the affidavit discloses: (a) A triable issue or that a difficult part of law is involved; (b) That there is a dispute as to the facts which ought to be tried; (c) That there is a real dispute as to the amount due which requires the taking of an account to determine or any other circumstances showing reasonable grounds of a bona fide defence."
Explanation / Scope
This principle establishes the requirements for an affidavit supporting a notice of intention to defend in undefended list procedure. The affidavit must disclose a triable issue, a dispute of facts, or a real dispute as to amount, supported by particulars. The principle applies where a defendant seeks leave to defend. It ensures that defendants disclose a genuine defence. The principle reflects that general denials are insufficient. It prevents summary judgment where a real defence exists. The court must determine if the affidavit discloses a defence on the merits. The principle provides guidance on the sufficiency of the affidavit.