LEGAL PRINCIPLE: CIVIL PROCEDURE — Undefended List — Setting Aside Judgment — Discretion of Court — Need for Full Disclosure of Facts
PRINCIPLE STATEMENT
A court of equity must be fully apprised of facts relevant for the exercise of its discretion; otherwise, it will be in breach of the principles upon which it can properly act if it were to exercise that discretion.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Planwell Watershed Ltd. & Anor v. Ogala (2003) NLC-1131998(SC) at p. 8; Paras C–D.
"A court of equity must be fully apprised of facts relevant for the exercise of its discretion otherwise it will be in breach of the principles upon which it can properly act if it were to exercise that discretion."
EXPLANATION / SCOPE
Full disclosure of relevant facts is required before a court exercises equitable discretion. The principle applies to setting aside judgments. The court cannot act on incomplete information. The rule ensures proper exercise of discretion. The applicant must provide all material facts. The principle is well-established.
CASES APPLYING THIS PRINCIPLE
None recorded.