CIVIL PROCEDURE ā Undefended List ā Transfer to General Cause List ā Requirement to Disclose Triable Issue
Ratio Decidendi
Per Mukhtar, JSC, in Nwankwo & Anor v. Ecumenical Development Co-Operative Society (EDCS) U.A (2007) NLC-123-33-2002(SC) at pp. 13ā14; Paras CāD:
"Unless a defendant in its supporting affidavit of intention to defend a suit on the undefended list states a good defence and the particulars of such defence are adequately set out, and they are such that if proved would constitute such a defence, the court will not transfer the suit to the general cause list, and allow the defendant to defend the suit."
Explanation / Scope
To transfer an undefended list suit to the general cause list, the defendant must disclose a good defence with adequate particulars. The defence must be such that, if proved, would constitute a defence to the claim. A mere denial or vague assertion is insufficient. The court will not transfer if no triable issue is shown.