The undefended list procedure is a mechanism that simplifies the process for a plaintiff to get a judgment for a liquidated sum (specified amount of money) without going through a full trial. This procedure is used when it’s clear that the defendant doesn’t have a valid defense against the plaintiff.
In Nkwo Market Community Bank (Nig) Ltd v Obi (2010) LPELR – 2051(SC), the court explained that the purpose of this procedure is to let the plaintiff get a quick judgment without a trial when the case is obviously in their favor. Similarly, in Sodipo v. Lemninkainen & ors. (1986) NWLR (Pt.15) 220, it was affirmed that this procedure is appropriate when the defendant likely has no defense.
The undefended list procedure is suitable for claims involving debts or clearly defined money amounts, as seen in Bendel Construction Co. Ltd. v Anglo Development Co. (Nigeria) Ltd. (1972) All N.L.R. (Pt.1) 153. For a plaintiff to use this procedure, he must file an affidavit (a sworn statement) when they apply to the court. This affidavit needs to provide enough facts to show that the defendant has no defense. If the court agrees that the defendant has no defense based on the affidavit, it will put the case on the undefended list, as demonstrated in S.B.N. Plc v Kyenta (1998) 2 NWLR (Pt. 536) 41.
However, this law is not without an exception. The law is clear that if the defendant’s affidavit shows they have arguable and triable issues, justice requires that the defendant be allowed to defend the case. In such instances, the case is moved to the general cause list for a full trial. Adebisi Macgregor Associates Ltd. v. Nigeria Merchant Bank Ltd. (1996) 2 N.W.L.R. (Pt. 431) 378. To contest a claim under this procedure, the defendant’s affidavit must provide specific details showing a real defense. This includes:
• Raising a real issue or a complex point of law.
• Showing a factual dispute that needs to be tried.
• Demonstrating a genuine dispute over the amount owed, which might require detailed accounting.
• Presenting any other reasonable grounds for a bona fide (good faith) defense. Federal Military Govt Vs Sonna (1990) 7 SCNJ 159.
In conclusion, the undefended list procedure is an effective tool for plaintiffs seeking to enforce clear-cut claims efficiently. By allowing for swift judgments in cases where the defendant has no defense, this procedure saves both time and resources for the court and the parties involved. However, it also provides a fair opportunity for defendants to present their case if they can demonstrate that there are legitimate issues to be tried. This balance ensures that justice is served while maintaining efficiency in the legal process.
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