CIVIL PROCEDURE — Undefended List Procedure — Conflict in Affidavits — Resolution Requires Transfer to General Cause List
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Nkwo Market Community Bank (Nig) Ltd v. Obi (2010) NLC-2802002(SC) at p. 8, para. B:
"Where there is a conflict in the affidavits of the parties, evidence is the only way by which the conflict can be resolved and it is mandatory to enter the suit on the general cause list."
Explanation / Scope
This principle establishes that where affidavits conflict, the suit must be transferred to the general cause list for evidence to resolve the conflict. The principle applies in undefended list procedure. It ensures that disputed facts are determined by evidence. The principle reflects that summary procedure is unsuitable where facts are contested. It prevents summary judgment on disputed facts. The court must transfer the suit. The principle provides guidance on resolving conflicts in affidavits.