CONDITIONS AN INTENTION TO DEFEND MUST SATISFY

For a Notice of Intention to raise a defence on the merit under the undefended list, such a Notice of Intention must satisfy the conditions outlined in the case of Lewis v. UBA (2006) 1 NWLR (Pt. 962) page 546 as follows: a) Condescend upon particulars as far as possible, deal specifically with the Plaintiff’s claim and affidavit and state clearly and concisely what the defence is and what facts are relied on as supporting it. b) Where the defence is that the defendant is not indebted to the Plaintiff, state the grounds on which the defendant relies as showing that he is not indebted and a mere general denial that the defendant is not indebted will not suffice. c) Where the affidavit states that the defendant is not indebted to the plaintiff in the amount claimed or any part thereof, state why the defendant is not so indebted and so state the real nature of the defence relied on. d) Where the defence relied on is of fraud, state clearly the particulars of the fraud and a mere general allegation of fraud is useless. e) If a legal objection is raised state clearly the facts and the point of law arising thereon. f) In all cases, give sufficient facts and particulars that there is bona fide defence. g) Matters of hearsay are admissible provided that the sources and grounds of information and belief are disclosed. h) A case of hardship that creates no enforceable right e.g. past promise by Plaintiff unsupported by valuable consideration, or a mere inability to pay or an allegation that the Plaintiff has given time for payment which of course constitute no defence unless there be consideration, will not constitute defence on the merit. See also Sanusi Books Nig. Ltd v. Cotia C.E.I.S.A. (2000) 11 NWLR (Pt. 679) 556, Macaulay v. Nal Merchant Bank Ltd (1990) 4 NWLR (Pt. 144) page 83, Nishizawa v. Jethwani (1984) 12 SC 234.