May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 91206 In the Supreme Court of Nigeria Fri Jan 29, 2010 Suit Number: SC.114/2002 CORAM E.O. AYOOLA, JUSTICE, SUPREME COURT. PARTIES 1. […]
CORAM
E.O. AYOOLA, JUSTICE, SUPREME COURT.
PARTIES
1. IMONIYAME HOLDINGS LTD.
2. APOSTLE S.E.K. OBRUTSE
APPELLANTS
ONEB ENTERPRISES LTD
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent instituted an action under the undefended list against the appellant, they won at the trial court, but it was upturned at the court of appeal and was remitted to the trial court to be tried de novo by another judge. The appellant still dissatisfied with the judgment has appealed.
HELD
Appeal dismissed and judgment of the lower court affirmed
ISSUES
Whether the lower court was right in not striking out the names of the appellants from the suit having regards to the evidence before the court.
RATIONES DECIDENDI
WHEN A MATTER WILL MOVE FROM THE UNDEFENDED TO THE GENERAL CAUSE LIST
“Where the court gives the defendant leave to defend the action, the action is removed from the “Undefended List” and placed on the General Cause List”. Per Onnoghen, J.S.C
THE PURPOSE OF THE UNDEFENDED LIST.
“The purpose of the Undefended List procedure is to enable a plaintiff obtain quick judgment in clear cases where the defendant has no defence to the claim of debt or liquidated sum by the plaintiff”. Per Onnoghen, J.S.C
CASES CITED
Nishizanta Ltd vs. Jethwani (1984) 1 S.C. 234.
STATUTES REFERRED TO
Order 23 Rule 3(1) & (2) of the High Court (Civil Procedure) Rules, 1987.