Summary Judgment Flashcards
What is summary judgment?
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
What distinguishes summary judgment from default judgment?
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.
In what circumstances is summary judgment resorted to?
When it is obvious or appears that the defendant has no defense to the action.
What is the purpose of the undefended list procedure?
It is used for the recovery of debts or liquidated money demands only.
What documents must accompany a writ of summons in an undefended list procedure?
An affidavit stating the grounds of the claim and belief that there is no defense.
What must a defendant do if he intends to defend an undefended list action?
File a Notice of Intention to Defend and a counter affidavit within 5 days.
What orders can the court make upon hearing an undefended list application?
- 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.
What is the effect of a judgment obtained under the undefended list?
It is a final judgment on the merits and cannot be set aside by the same court.
What are the exceptions for setting aside a judgment under the undefended list?
- Judgment entered without jurisdiction * Judgment obtained by fraud * Non-service of the originating process.
What is the purpose of summary judgment procedure?
To resolve all types of claims when the claimant believes there is no defense or where delay would be detrimental.
What documents must a claimant file for summary judgment?
- Writ of summons * Statement of claim * List of documents * Depositions of witnesses * Application for summary judgment * Affidavit in support * Written brief.
What is the time frame for a defendant to file a defense in Lagos for summary judgment?
42 days.
What is the time frame for a defendant to file a defense in Abuja for summary judgment?
21 days.
What happens if a judge finds a good defense in a summary judgment application?
The defendant may be granted leave to defend the claim.
What occurs if the judgment in summary judgment is due to the defendant’s failure to file a defense?
It is treated as a default judgment.
What are the similarities between the undefended list and summary judgment?
- 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.
What is the main objective of the Fast Track Court?
To reduce the time spent on litigation to a period not exceeding nine months from commencement to final judgment.
What is the minimum monetary claim for Fast Track in Lagos?
N100,000,000.
What is the minimum monetary claim for Fast Track under the new FCT rules?
N50,000,000.
What is the maximum period from commencement to conclusion of trial in Fast Track procedure?
30 days.
Fill in the blank: The defendant must file a _______ to indicate intention to defend in the undefended list procedure.
Notice of Intention to Defend.
True or False: Summary judgment can only be set aside by the same court that issued it.
False.
What are the types of summary judgment
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
What is a default judgment
It’s a judgment granted when the defendant refused to enter appearance or file pleading. It can be set aside
Application for default judgment
Motion in notice with affidavit and written address
Time for appearance after being served in Abuja fand lagos or default judgment
14days and 30 days if it is outside jurisdiction O10 R 1 O12 R 1- 42. days
What actions are default judgment used for
Mesne profit
Liquidated money demands
Recovery of land
Detention of goods
O12r10 Lagos
O10r12 Abuja
What is default of pleadings
When a defendant fails to file their statement of defence within the stipulated time frame 21 days in Abuja
42 days in Lagos
When can default of pleadings be entered
When it’s a case involving liquidated money demands or debt recovery o22 r1 Lagos o21 r 1 Abuja
Application to set aside default judgement in Abuja
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
Application for setting aside default judgement in Lagos
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
Grounds for Setting aside default judgement as to pleading in Abuja and Lagos
O22 R12 Lagos O 21R12 Abuja
1. Non service
2. Judgment day is granted due to fraud
3. Lack of jurisdiction
conditions for the grant of a default judgement
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
factors to consider in setting aside default
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
Application for summary judgment
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
whar a defendant can do when he has agood defence where summary judgment has been applied by the claimant
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
ORDER THE COURT MAY MAKE WHEN A DEFENDANT IN A SUMMARY JUDGEMENT CASE FILES FOR DEFENCE
- enter final judgemnt in favor of the claimant
- where the defence is good the defendant will be granted leave to defend O13 R5(1) Lagos OKANGBA LTD V SULE
- where the defendant has a good defence to some claim he shall be granted leave to defend particular claim
- where they are more than one defendants the court will grant leave to only those who hav ea reasonable defence
effect of final judgment in summary judgment
cannot be set aside except it was obtained by fraud, lack of juridictin or lack of service UTC LTD V PAMOTEI
What is undefended list procedure
1.it is used for recovery of debts or liquidated money demand only. O35 ABUJA
application for undefended list
writ of summon, affidavit and O35 R1,2 ABUJA AHMED V TRADE BANK NIGERIA PLC
Can a court delegate the power to or place the writ in thevundefended list
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
What The Defendant Will Do If He Intends To Defend
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.
Orders The Court May Make Upon Hearing The Application
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.
setting aside undefended list final judgment
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
