FIRST AFRICAN TRUST BANK LTD V PARTNERSHIP INVESTMENT COMPANY LIMITED
June 13, 2025ALHAJI BANI GAA BUDO NUHU V ALHAJI ISOLA ARE OGELE
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 10923
In the Supreme Court of Nigeria
Fri Dec 12, 2003
Suit Number: SC. 113/1998
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
1. PLANWELL WATERSHED LTD2. GOODAY AKHAINE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed from the appellants a liquidated sum of N768,850.00, being money paid to the appellants for the supply of general goods which they failed to supply. This was granted by the trial court.
HELD
The Supreme Court dismissed the appeal finding that the defendants’ affidavit did not disclose a defense on the merits as required under the undefended list procedure.
ISSUES
Whether the learned Justices of the Court of Appeal were right in law and on the facts in affirming the decision of the lower court which refused to set aside the judgment obtained against the appellants and in default of the appellants filing a Notice of Intention to Defend the suit.
RATIONES DECIDENDI
UNDEFENDED LIST – DUTY TO SHOW DEFENCE ON THE MERIT
The reason for the rule is to obviate unnecessary wastage of time in trying a straightforward matter of debt or similar claim. Even where a defendant has entered a Notice of Intention to Defend with the proposed defence, the plaintiff may as well move the Court for judgment if that Notice does not disclose a defence to the suit. Per S.M.A Belgore, JSC
UNDEFENDED LIST – DUTY TO SHOW DEFENCE ON THE MERIT
To able set aside a summary procedure judgment, the defendant must show by affidavit which must “condescend upon particulars”, a clearly and concisely stated defence and the facts supporting it; and in addition state whether the defence goes to the whole or part of the claim. Per UWAIFO, JSC
EXERCISE OF DISCRETION
A court of equity must be fully appraised of facts relevant for the exercise of its discretion otherwise it will be in breach of the principles upon which it can properly act if it were to exercise that discretion. Per UWAIFO, JSC
CASES CITED
1. UTC Nigeria Ltd. vs. Pamotei & Others (1989) 1 NSCC 523, 2. Essang vs. Bank of the North (2001) 6 NWLR (pt. 709) 384, 399, 3. A.C.B. Ltd. V. Gwagwada (1994) 5 NWLR (pt. 342) 25 at p. 36; 4. Ben Thomas Hotels V. Sebi Furniture (1998) 5 NWLR (pt. 123) 523; 5. John Holt & Co. (Liverpool) Ltd. V. Fajemirokun (1961) All NLR 492. 6. Nishizawa V. Jethwani (1984) 12 SC 234 at 260; 7. Macaulay V. NAL Merchant Bank Ltd (1990) 4 NWLR (Pt. 144) 283 at 306-307.
STATUTES REFERRED TO
1. High Court (Civil Procedure) Rules 1988 of Bendel State.2. High Court of Lagos State (Civil Procedure) Rules, Cap. 52 of Laws of Lagos State, 19733. Rules of the Supreme Court of England
