Summary Judgment

Question 1

What is summary judgment?

Answer 1

A judgment given in favor of the claimant without a full trial, intended to save time and costs when the defendant has no defense. O13 LAGOS O 11 ABUJA UTC NIG LTD V PAMOTEI

Question 2

What distinguishes summary judgment from default judgment?

Answer 2

Summary judgment is a final judgment on the merits that can only be set aside on appeal, while default judgment can be set aside by the same court.

Question 3

In what circumstances is summary judgment resorted to?

Answer 3

When it is obvious or appears that the defendant has no defense to the action.

Question 4

What is the purpose of the undefended list procedure?

Answer 4

It is used for the recovery of debts or liquidated money demands only.

Question 5

What documents must accompany a writ of summons in an undefended list procedure?

Answer 5

An affidavit stating the grounds of the claim and belief that there is no defense.

Question 6

What must a defendant do if he intends to defend an undefended list action?

Answer 6

File a Notice of Intention to Defend and a counter affidavit within 5 days.

Question 7

What orders can the court make upon hearing an undefended list application?

Answer 7

• Enter judgment for the claimant if no defense is disclosed * Remove action to the general cause list if a defense is disclosed * Order parties to file pleadings or proceed to hearing.

Question 8

What is the effect of a judgment obtained under the undefended list?

Answer 8

It is a final judgment on the merits and cannot be set aside by the same court.

Question 9

What are the exceptions for setting aside a judgment under the undefended list?

Answer 9

• Judgment entered without jurisdiction * Judgment obtained by fraud * Non-service of the originating process.

Question 10

What is the purpose of summary judgment procedure?

Answer 10

To resolve all types of claims when the claimant believes there is no defense or where delay would be detrimental.

Question 11

What documents must a claimant file for summary judgment?

Answer 11

• Writ of summons * Statement of claim * List of documents * Depositions of witnesses * Application for summary judgment * Affidavit in support * Written brief.

Question 12

What is the time frame for a defendant to file a defense in Lagos for summary judgment?

Answer 12

42 days.

Question 13

What is the time frame for a defendant to file a defense in Abuja for summary judgment?

Answer 13

21 days.

Question 14

What happens if a judge finds a good defense in a summary judgment application?

Answer 14

The defendant may be granted leave to defend the claim.

Question 15

What occurs if the judgment in summary judgment is due to the defendant’s failure to file a defense?

Answer 15

It is treated as a default judgment.

Question 16

What are the similarities between the undefended list and summary judgment?

Answer 16

• Both are summary judgment procedures * Both apply when the claimant believes the defendant has no defense * Both are filed at commencement * Both commence by writ of summons * Both supported by affidavit.

Question 17

What is the main objective of the Fast Track Court?

Answer 17

To reduce the time spent on litigation to a period not exceeding nine months from commencement to final judgment.

Question 18

What is the minimum monetary claim for Fast Track in Lagos?

Answer 18

N100,000,000.

Question 19

What is the minimum monetary claim for Fast Track under the new FCT rules?

Answer 19

N50,000,000.

Question 20

What is the maximum period from commencement to conclusion of trial in Fast Track procedure?

Answer 20

30 days.

Question 21

Fill in the blank: The defendant must file a _______ to indicate intention to defend in the undefended list procedure.

Answer 21

Notice of Intention to Defend.

Question 22

True or False: Summary judgment can only be set aside by the same court that issued it.

Answer 22

False.

Question 23

What are the types of summary judgment

Answer 23

1.undefended list under order 35 high court civil procedural law
2 default judgment
3. Summary judgment procedure order 13 Lagos high court procedural law and order 10

Question 24

What is a default judgment

Answer 24

It’s a judgment granted when the defendant refused to enter appearance or file pleading. It can be set aside

Question 25

Application for default judgment

Answer 25

Motion in notice with affidavit and written address

Question 26

Time for appearance after being served in Abuja fand lagos or default judgment

Answer 26

14days and 30 days if it is outside jurisdiction O10 R 1 O12 R 1- 42. days

Question 27

What actions are default judgment used for

Answer 27

Mesne profit
Liquidated money demands
Recovery of land
Detention of goods
O12r10 Lagos
O10r12 Abuja

Question 28

What is default of pleadings

Answer 28

When a defendant fails to file their statement of defence within the stipulated time frame 21 days in Abuja
42 days in Lagos

Question 29

When can default of pleadings be entered

Answer 29

When it’s a case involving liquidated money demands or debt recovery o22 r1 Lagos o21 r 1 Abuja

Question 30

Application to set aside default judgement in Abuja

Answer 30

O10r11 Abuja
The application shall be:
1. Made within a reasonable time
2. Show a good defense to the claim
3. A just cause for the default
4. Evidence of payment of penalty

Question 31

Application for setting aside default judgement in Lagos

Answer 31

O12 r 9

The application shall be:
1. Made within a reasonable time
2. Show a good defense to the claim
3. A just cause for the default

Question 32

Grounds for Setting aside default judgement as to pleading in Abuja and Lagos

Answer 32

O22 R12 Lagos O 21R12 Abuja
1. Non service
2. Judgment day is granted due to fraud
3. Lack of jurisdiction

Question 33

conditions for the grant of a default judgement

Answer 33

proper service of originating process on defendant
expiration of the time frame for the law or action
failure of the defendant to enter appearance or file pleadings

Question 34

factors to consider in setting aside default

Answer 34

MOHAMMED V HUSSIENI
1. Whether the action of the defendant is worthy of sympathy
2.whether the time taken before application to set aside default judgment was delayed
3. reason for default
4. whether setting aside the default judgment would prejudice the interest of the judgement debtor

Question 35

Application for summary judgment

Answer 35

writ of summons
affidavit
written address
pre action protocol form or certificate of pre action counselling
statement of claim
list of document/exhibit to be relied upon
witness statement on oath
O13 R1 LAGOS O11 R 1 ABUJA

Question 36

whar a defendant can do when he has agood defence where summary judgment has been applied by the claimant

Answer 36

O13R4 LAGOS O 11R4 ABUJA

HE SHALL WITHIN 42 DAYS IN LAGOS AND 21 DAYS IN ABUJA FILE THE FOLLOWING DOCUMENTS

STATEMENT OF DEFENCE
COUNTER AFFIDAVIT
LIST OF WITNESSES
WITNESS STATEMENT ON OATH
LIST OF DOCUMENTS TO BE RELIED UPON
A WRITTEN BRIEF IN REPLY TO THE APPLICATION FOR SUMMARY JUDGMENT

Question 37

ORDER THE COURT MAY MAKE WHEN A DEFENDANT IN A SUMMARY JUDGEMENT CASE FILES FOR DEFENCE

Answer 37

1. enter final judgemnt in favor of the claimant
2. where the defence is good the defendant will be granted leave to defend O13 R5(1) Lagos OKANGBA LTD V SULE
3. where the defendant has a good defence to some claim he shall be granted leave to defend particular claim
4. where they are more than one defendants the court will grant leave to only those who hav ea reasonable defence

Question 38

effect of final judgment in summary judgment

Answer 38

cannot be set aside except it was obtained by fraud, lack of juridictin or lack of service UTC LTD V PAMOTEI

Question 39

What is undefended list procedure

Answer 39

1.it is used for recovery of debts or liquidated money demand only. O35 ABUJA

Question 40

application for undefended list

Answer 40

writ of summon, affidavit and O35 R1,2 ABUJA AHMED V TRADE BANK NIGERIA PLC

Question 41

Can a court delegate the power to or place the writ in thevundefended list

Answer 41

The court cannot delegate the power to consider or place the writ in the undefended list since it is a judicial function; Nwakanma v. Iko Local Government Council Rivers State. Thus it cannot be done by the Regi

Question 42

What The Defendant Will Do If He Intends To Defend

Answer 42

If the defendant intends to defend the suit, he shall within 5 DAYS file his NOTICE OF INTENTION TO DEFEND and a COUNTER AFFIDAVIT disclosing a defence to the merit. See Ahmed v. Trade Bank PLC, Bulet International (Nig.) Ltd v Adamu; (April 2019 Q. 2d)
NOTE: where a defendant fails to file within the time limit, he may apply for an extension of time.

Question 43

Orders The Court May Make Upon Hearing The Application

Answer 43

a. Where the court is satisfied that no defence has been disclosed in the defendant’s counter affidavit, the case will be heard as an undefended list and judgment thereupon given to the claimant. See Bature v. Savannah Bank.

b.Where the defendant has disclosed a defence, the action shall be removed from the undefended list and transferred to the general cause list; Gwagwada v. ACB Ltd.

The court may order the parties to file their pleadings, or proceed to hearing without further pleadings or make such order as it deems fit – Order 35 Rule 3(2) Abuja.

Question 44

setting aside undefended list final judgment

Answer 44

The defendant seeking to set aside the judgment must come by way of MOTION ON NOTICE specifying in the affidavit attached, the nature of the irregularity, h