CORAM
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
NNAMANI JUSTICE, SUPREME COURT OBASEKI JUSTICE, SUPREME COURT ESO JUSTICE, SUPREME COURT KARIBI-WHYT
OPUTA, JUSTICE, SUPREME COURT
BELGORE, JUSTICE, SUPREME COURT
NNAEMEKA-AGU, JUSTICE, SUPREME COURT
PARTIES
U. T. C. NIGERIA LIMITED
APPELLANTS
CHIEF J. P. PAMOTEI
JOHN N. ARINZE
N.C. EZEKANNAGHA
CHRIS OGU
ROCKY POOLS LTD
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – SUMMARY JUDGMENT -INTERPRETATION OF LAW
SUMMARY OF FACTS
The appellant applied to set aside the summary judgment granted in favour of the respondent on the ground that it has a triable defence and that it had filed an application for extension of time to show cause but it counsel was late to court due to traffic.
HELD
The court allowed the appeal and held that a judgment obtained under order 10 of the Lagos rules can be set aside.
ISSUES
1. Whether judgment obtained under Order 10 of the High Court of Lagos State (Civil Procedure) Rules 1972 is a judgment on the merit or a default judgment.
2. Whether in proceedings under Order 10 a trial Court can close his (sic) eyes against a Statement of Defence which raises triable issues filed by the Respondent (sic defendant) even if irregularity.
3. Whether considering the peculiar facts of this case, the trial Judge was not right in setting aside his earlier judgment and letting in defence which raised triable issues
RATIONES DECIDENDI
WHETHER THE COURT CAN LOOK A DEFENCE NOT PROPERLY BEFORE IT IN DETERMINING TO GRANT LEAVE TO DEFEND
The court in the exercise of its primary duty to do justice, can invoke its rather extensive discretionary powers, and look at the invalid but not void document (statement of defence) and then do what the justice of that particular case demands- Uwais J.S.C
WHEN A JUDGMENT CAN BE SAID TO BE ON THE MERIT
A judgment is said to be on the merits where it is based on the legal rights of the parties as distinguished from mere matters of practice, procedure, jurisdiction or form. A judgment on the merits is therefore a judgment that determines on an issue either of law or fact,which party is right- Uwais J.S.C.
WHETHER A JUDGMENT OBTAINED UNDER ORDER 10 OF THE LAGOS SATE CIVIL PROCEDURE RULES CAN BE SET ASIDE
It seems to me on the authority on Nishizawa’s case (supra) and Paul Cardoso v. Daniel & Ors. (1986) 2 NWLR (Part 20) 1 at 45, that Order 24 rule 15 covers the situation where a summary judgment given under Order 10, as in the present case, may be set aside
CASES CITED
Nishizawa Ltd. v. Jethswani 1984 12 SC. P.9
Paul Cardoso v.John Bankole Daniel & Ors. (1986) 2 NWLR (Part 20) 1 at 45
STATUTES REFERRED TO
Not Available