Under the Undefended List procedure, a defendant that intends to defend the action has a duty to file a Notice of Intention to Defend, supported by an affidavit, which must disclose a defence on the merit. It is settled law that the defendant’s affidavit in support of the Notice of Intention to Defend, must set out clearly the grounds of defence. It is not sufficient for the affidavit to allege generally that the defendant has a good defence to the action, if such a general averment is unsupported by particulars, which if proved would constitute such a defence. Similarly, a mere general denial that the defendant is indebted will not suffice unless the ground on which the defendant relies as showing that he is not indebted is stated. The defendant’s affidavit is expected to and must condescend upon particulars. It should as far as possible, deal specifically with the plaintiff’s claim and affidavit stating clearly and concisely what the defence is and what facts are relied on to support it. If the defence goes to the whole or part of the claim, the affidavit should so specify. When the defence is in respect of part of the claim, the defendant’s affidavit should specify the part; Ataguba v. Gura (Nig.) Ltd (2005) 6 MJSC 156; Peter Tiwell (Nig.) v. Inland Bank (1997) CLR 4 (l).
— O.A. Otisi, JCA. Onoeyo v UBN (2014) – CA/C/66/2007