CIVIL PROCEDURE — Undefended List Procedure — Purpose and Scope — When Suit Should Be Transferred 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. 10, para. D – p. 11, para. A:
"The undefended list proceedings is not intended to shut out a defendant from contesting the suit brought there-under. Where a defendant can show in his Affidavit that he has a defence on the merit, or there is a serious conflict in the affidavit of the parties or raises issue that is triable, he will be granted leave to defend the suit. The defendant at this stage need not show a complete defence it suffices if the defence set up shows that there is a triable issue or that for some other reasons there ought to be a trial."
Explanation / Scope
This principle establishes that undefended list procedure is not meant to shut out a defendant with a genuine defence. The defendant need only show a triable issue or defence on the merits. The principle applies where a defendant seeks leave to defend. It ensures that defendants are not denied a hearing. The principle reflects that the procedure is summary but not final. It prevents injustice from summary judgment. The court must grant leave where a triable issue exists. The principle provides guidance on the purpose of the undefended list.