Default and Summary Judgment Procedure

- Part I - Summary Judgment Procedure -

Definition

Summary judgment is a judgment given without a full trial - especially where the claimant believes the defendant has no reasonable defence. Used in clear cases where the defendant lacks any defence and a full trial would be dilatory.

See Nishizawa v Jethwani (1984) 12 SC 234; FMG v Sani (1990); Thor Ltd v FCMB (2005) 14 NWLR (Pt 946) 700.

Types of Summary Judgment

1. Undefended List Procedure - Order 35 FCT Abuja;
2. Summary Judgment Procedure - Order 11 Abuja / Order 13 Lagos;
3. Summary Judgment for Accounts - Order 12 FCT Abuja / Order 14 Lagos;
4. Summary Judgment for Recovery of Land - Order 60 FCT Abuja / Order 57 Lagos (against squatter / occupier);
5. Judgment Upon Admission - Order 20 Rules 1 & 4 FCT Abuja 2018; Order 21 Rules 1 & 4 Lagos 2019; S123 Evidence Act.

1. Undefended List Procedure – Order 35 FCT Abuja

Applies only to actions for recovery of debt or liquidated money demands - Order 35 Rule 1 FCT Abuja; Maja v Samouris (NWLR Pt 765) 78; Odume v Nnachi (1964) 1 All NLR 329.

Conditions for Use

1. The claim must be in respect of debt or liquidated money demand only;
2. The claimant/deponent must depose in an affidavit to:
   • The grounds of the claim;
   • His belief that the defendant has no defence.

Procedure

The claimant files in court:

1. Application (Writ of Summons) as in Form 1 Appendix;
2. An affidavit in support of the writ stating:
   • In the deponent’s belief, the defendant does not have a good defence;
   • The grounds upon which the claim is based;
3. Certificate of Pre-Action Counselling (Form 6) – Order 2 Rule 2(2)(e) FCT Abuja.

The Writ and the affidavit constitute the application to enter the suit under the Undefended List.