Undefended List

The essence of the undefended List Procedure in the civil procedure rules of the various High Courts throughout Nigeria, including Order 23 Rule 3(1) of the High Court of the Federal Capital Territory (Civil Procedure) Rules 1989, is to allow a claimant obtain quick justice in respect of a debt or liquidated sum where the facts are clear and there is no genuine defence to the claims. It allows a Court to enter judgment in favour of the claimant instantly without the need to go the whole hog of a full trial and the calling of witnesses. It is a veritable tool that saves judicial time and expense. However, where a defendant seeking to have the suit transferred to the General Cause Lists deposes to facts, which are contentions, the suit would be transferred to the General Cause List to be dealt with on the merits in the normal way. See: Obitude Vs Onyesom Community Bank Ltd. (2014) 9 NWLR (Pt.1412) 352 @ 389-390 F-H; Macaulay vs NAL Merchant Bank Ltd. (1990) 4 NWLR (Pt.144) 283; Imoniyame Holdings Ltd. & Anor. Vs Soneb Enterprises Ltd. (2010) 4 NWLR (Pt. 1185) 561; Sodipo vs Lemninkainen OY & Ors(1986) 1 NWLR (Pt. 15) 220.
In order to convince the Court to transfer the suit to the General Cause List, the defendant must, in his affidavit disclosing a defence, among other things "condescend upon particulars" and deal specifically with the plaintiff's claim by stating clearly and concisely what the defence is and the facts relied upon in support. He must show that he has a bona fide defence to the claim. See: Nishizawa Ltd. vs Jethwani (1984) 12 SC 234 @ 260; Adegoke Motors Ltd vs Adesanya (1989) 3 NWLR (Pt. 109) 250 @ 271-272 H-A; U.T.C. (Nig.) Ltd. Vs Pamotei (2002) FWLR (Pt. 129) 1557; (1989) 2 NWLR (Pt. 103) 244.
The effect of these principles is that a trial Judge has the discretion, which no doubt must be exercised judicially and judiciously, to determine whether on the facts deposed to by the defendant, he has disclosed a defence on the merit to warrant the transfer of the suit to the General Cause List.