Setting Aside of Default Judgment

A set of flashcards covering the legal procedures, requirements, and orders involved in setting aside default judgments in Lagos and Abuja.

Who has the power to set aside or vary a default judgment for appearance?

A judge of the same court.

What three conditions must a defendant meet to apply to set aside or vary a default judgment?

The application must be made within reasonable time, showing a good defense to the claim and a just cause for the default.

Which legal orders in Lagos and Abuja govern the setting aside of a default judgment for appearance?

Order 12 Lagos and Order 10 Abuja.

On what specific grounds can a default judgment for pleadings be set aside?

Upon application to the judge on grounds of fraud, non service, or lack of jurisdiction.

Which rules cover the setting aside of default judgments for pleadings in the FCT and Lagos?

Order 21 sub 12 FCT rules and Order 22 sub 12 Lagos rules.

What effect does a final judgment have on a court's ability to revisit a matter?

A final judgment prevents the court from revisiting a matter as it is deemed the court has decided effectively in the matter in contention.

What is the only remedy available to a defendant once a final judgment has been reached?

To file an appeal.

Is it required that the same judge who gave the default judgment be the one to set it aside?

No, a default judgment can be set aside by another judge of the same court and not necessarily the judge that gave it.

Which cases are cited regarding the setting aside of default judgments by judges of the same court?

Eccotrade Limited versus McFoy and Emodi versus Quento.

How is a default judgment handled when there is more than one defendant?

Only those defendants that defaulted in appearance may have judgments entered against them.

Which rules govern default judgments involving multiple defendants in Lagos and Abuja?

Order 12 rule 3 Lagos and Order 10 rule 6 Abuja.

What is the status of a defense served after the expiration of the prescribed time but before a judgment has been given?

It cannot be regarded and will not generally prevent the claimant from getting judgment, even if served after the claimant has served his notice for judgment.