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DISCRETION OF TRIAL JUDGE TO PLACE SUIT ON UNDEFENDED LIST

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Dictum

The discretion to place a suit on the Undefended List resides with the trial judge, once he is satisfied, based on the depositions of the plaintiff, that there are good grounds to belief that the defendant has no defence to the action. And even when the defendant files a notice of intention to defend and an affidavit thereto, disclosing what he thinks are grounds to defend the action, as per Order 22 Rule 3, the discretion still remains with the trial court to satisfy itself that the affidavit of the defendant discloses “a defence on the merit.”

– I.G. Mbaba, JCA. Ilorin East v. Alasinrin (2012) – CA/IL/38/2011

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UNDEFENDED LIST – FILING A NOTICE OF INTENTION TO DEFEND

The essence of suits on the undefended list is for the quick dispensation of justice to the parties. Therefore upon service of a Writ of Summons in respect of a suit on the undefended suit on a defendant, the latter must deliver or file a Notice of Intention to Defend the suit and together with the said Notice, he must file an affidavit disclosing a defence on the merits and where the defendant fails to do so or act, then judgment may be entered against him as per the Writ of Summons without necessarily calling on the Plaintiff to formally prove his claim by calling witnesses to testify. See Ben Thomas Hotels Ltd, Sebi Furniture Co. Ltd (1989) 12 SCNJ 171, (1989) 5 NWLR (Pt. 123) page 523.

— P.O. Elechi, JCA. Onoeyo v UBN (2014) – CA/C/66/2007

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UNDEFENDED LIST & FAIR HEARING – THERE HAS TO BE CLEAR DEFENSE

In Mat Holdings Ltd v. U.B.A. Plc (2003) 2 NWLR (Pt. 803) page 71 at 91, (2003) FWLR (Pt. 183) page 146 the law was succinctly stated with respect to suits on the undefended list inter alia: “The rules of Court providing for cases to be placed on the undefended list proceeding are deliberately designed to allow for quick dispensation of justice to avoid unnecessary clogging of the legal system with proceeding which could otherwise have been easily and quickly disposed of. Although the need for fair hearing should not be sacrificed on the altar of expediency, the procedure should not be frustrated or thwarted by fanciful or general defence directed at frustrating the Plaintiff of judgment he well deserved, a case should therefore not be translated to the general cause list merely on the whims and caprices of a defendant who merely finds the words “fair hearing” convenient as well as handy shegam.”

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PURPOSE OF UNDEFENDED LIST PROCEDURE

Of course, it is well known that proceedings taken under the undefended List procedure are Sui generis, being in a special class and intended to give summary judgment to a creditor in obvious claims of indebtedness or outstanding monetary claims, which are indefenceable. It is aimed at killing time and removing undue struggle, thus avoiding the normal process of hearing, which would require filing of pleadings and calling of witnesses to prove the claim, with all the time and energy input, struggle, contention and legal fireworks by the parties and counsel at the hearing.

– I.G. Mbaba, JCA. Ilorin East v. Alasinrin (2012) – CA/IL/38/2011

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