CIVIL PROCEDURE — Undefended List — Transfer to General List — Court’s Discretion Under Order 24 Rule 9(5)
Ratio Decidendi
Per Fabiyi, JSC, quoting Order 24 Rule 9(5) of the Anambra State High Court (Civil Procedure) Rules, 1988, in G.M.O. Nworah & Sons Co. Ltd v. Akputa (2010) NLC-123-153-2006(SC) at p. 8; Paras A–B:
"Nothing herein shall preclude the court from making an order, should it so think fit at any stage of the proceedings for the suit to be transferred to the general list on the ground that the suit is not suitable for placement in the undefended list."
Explanation / Scope
This principle establishes that the court has discretion at any stage to transfer a suit from the undefended list to the general list if it is not suitable for undefended determination. The principle applies where a suit is on the undefended list. It ensures that unsuitable cases are not summarily determined. The principle reflects the need for proper adjudication. It prevents injustice from summary judgment. The court must exercise discretion. The principle provides guidance on the court’s power to transfer cases.