Civil Litigation - Summary Judgment and Judgment by Default

Flashcards on Civil Litigation - Summary Judgment and Judgment by Default

What is Summary Judgment?

A special procedure for obtaining judgment without a full trial in cases where there are no genuine disputes over material facts.

What is the purpose of Summary Judgment procedure?

To expedite the resolution of cases by eliminating unnecessary trials when the evidence is in favor of the applicant and there is no genuine defence.

What are the different types of Summary Judgment?

Summary Judgment under the Undefended List (O. 34 Abuja), Summary Judgment under Order 35/13 (Abuja and Lagos), Summary Judgment for Accounts (O. 25 Abuja & O. 14 Lagos), Summary Judgment for Possession of Land (O. 36 Abuja & O. 57 Lagos), Judgment upon Admission (O. 19, rr. 1 & 4 Abuja; O. 21, rr. 1 & 4 Lagos; s. 123 Evidence Act)

What type of claim qualifies for the undefended list procedure?

A debt or liquidated money demand only.

What must the claimant/deponent include in their affidavit for an undefended list action?

The claimant should depose to the grounds for the claim in an affidavit and state their belief that the defendant has no defence.

What documents must the claimant file with the court to initiate an undefended list action in Abuja?

An application as in form 1 appendix, an affidavit, and a certificate of pre-action counseling.

What steps must a defendant take to seek leave to defend an undefended list action?

Delivering a written notice of intention to defend to the registrar within 21 days before the return date, along with an affidavit disclosing a defence on the merit.

When is summary judgment under Orders 35 and 13 (Abuja & Lagos) available?

Where the claimant believes that the defendant has no defence to his claim.

What court processes are required to be filed by the claimant/applicant in Abuja under Order 35?

Writ of summons, statement of claim, exhibits, depositions of witnesses, motion on notice, affidavit, written address, and a certificate of pre-action counseling.

What documents must the defendant file in Abuja to respond to a summary judgment application under Order 35?

Statement of defence, depositions of witnesses, exhibits, counter affidavit, and written address.

What does it mean for a defendant to show a 'good defence'?

To show that there is a prima facie defence or a matter suitable for trial.

What is Default Judgment?

Judgment obtained by reason of failure of a party to respond or appear in court.

What is the purpose of the default judgment procedure?

To ensure that cases progress even if one party fails or refuses to participate.

What are the main types of Default Judgments?

Judgment in default of Pleadings, Judgment in default of Appearance.

What is a key difference between Summary Judgment and Default Judgment regarding the basis for the judgment?

Failure to take a step by the adverse party triggers default judgment, while summary judgment is based on the belief that the defendant has no defence, regardless of default.

Against whom can default judgment and summary judgment be obtained?

Default judgment can be obtained against any party, while summary judgment can only be obtained against a defendant.

What is Summary Judgment?

A special procedure for obtaining judgment without a full trial in cases where there are no genuine disputes over material facts.

What is the purpose of Summary Judgment procedure?

To expedite the resolution of cases by eliminating unnecessary trials when the evidence is in favor of the applicant and there is no genuine defence.

What are the different types of Summary Judgment?

Summary Judgment under the Undefended List (O. 34 Abuja), Summary Judgment under Order 35/13 (Abuja and Lagos), Summary Judgment for Accounts (O. 25 Abuja & O. 14 Lagos), Summary Judgment for Possession of Land (O. 36 Abuja & O. 57 Lagos), Judgment upon Admission (O. 19, rr. 1 & 4 Abuja; O. 21, rr. 1 & 4 Lagos; s. 123 Evidence Act)

What type of claim qualifies for the undefended list procedure?

A debt or liquidated money demand only.

What must the claimant/deponent include in their affidavit for an undefended list action?

The claimant should depose to the grounds for the claim in an affidavit and state their belief that the defendant has no defence.

What documents must the claimant file with the court to initiate an undefended list action in Abuja?

An application as in form 1 appendix, an affidavit, and a certificate of pre-action counseling.

What steps must a defendant take to seek leave to defend an undefended list action?

Delivering a written notice of intention to defend to the registrar within 21 days before the return date, along with an affidavit disclosing a defence on the merit.

When is summary judgment under Orders 35 and 13 (Abuja & Lagos) available?

Where the claimant believes that the defendant has no defence to his claim.

What court processes are required to be filed by the claimant/applicant in Abuja under Order 35?

Writ of summons, statement of claim, exhibits, depositions of witnesses, motion on notice, affidavit, written address, and a certificate of pre-action counseling.

What documents must the defendant file in Abuja to respond to a summary judgment application under Order 35?

Statement of defence, depositions of witnesses, exhibits, counter affidavit, and written address.

What does it mean for a defendant to show a 'good defence'?

To show that there is a prima facie defence or a matter suitable for trial.

What is Default Judgment?

Judgment obtained by reason of failure of a party to respond or appear in court.

What is the purpose of the default judgment procedure?

To ensure that cases progress even if one party fails or refuses to participate.

What are the main types of Default Judgments?

Judgment in default of Pleadings, Judgment in default of Appearance.

What is a key difference between Summary Judgment and Default Judgment regarding the basis for the judgment?

Failure to take a step by the adverse party triggers default judgment, while summary judgment is based on the belief that the defendant has no defence, regardless of default.

Against whom can default judgment and summary judgment be obtained?

Default judgment can be obtained against any party, while summary judgment can only be obtained against a defendant.

What is the meaning of 'Discontinuance'?

The process of formally ending a lawsuit.

How can a claimant discontinue a case?

By filing a notice of discontinuance to the other parties and the court, generally before the trial begins.

Can a discontinued claim be brought back to court?

Generally, no. But, if the terms dictate, or with the court's permission.

What does 'Res Judicata' mean?

A final judgment on the merits that prevents re-litigation of the same claim.

Does discontinuance operate as Res Judicata?

No, it does not.

What are the categories of discontinuance?

Voluntary and Involuntary.

What is Voluntary Discontinuance?

When a party chooses to withdraw their claim.

What is Involuntary Discontinuance?

When the court orders the claim to be discontinued, often due to the claimant's inaction or failure to comply with court orders.

What is 'Striking Out'?

An order to end a case early.

Under what circumstances can a court strike out a case?

When the case is scandalous, frivolous, or may prejudice, embarrass, or delay a fair trial.

What is the legal effect of a court order striking out a case?

The case is terminated and the parties are prevented from proceeding further.

Does 'Striking Out' operate as Res Judicata?

No, striking out a claim does not operate as Res Judicata.

What is the primary purpose of 'Striking Out'?

A procedure that enforces compliance with court rules and directions.

What is a Fine in legal terms?

A monetary penalty imposed by the court on a party for violating court rules or orders.

What is the purpose of imposing a Fine?

To punish non-compliance, deter future misconduct, and ensure the integrity of the judicial process.

Who determines the amount of the fine?

The court.

What factors does the court consider when determining the amount of the fine?

The court considers the severity and impact of the violation.

What is a Court order?

A direction or command issued by a court or judge.

What is the purpose of a Court order?

Ensure parties fulfill their legal obligations, maintain the status quo, or provide remedies.

What are the possible responses to a court order?

Appeal, enforcement proceedings, or compliance.

What are the common types of court orders?

Injunctive, procedural, and declaratory.

What is an Injunctive order?

An order that directs a party to refrain from doing a specific act.

What is a Procedural order?

An order that controls the conduct of legal proceedings.

What is a Declaratory order?

An order that officially declares the rights or legal status of parties.

What is meant by 'Court directions'?

A direction given by the court relating to the management of proceedings before it.

What is the purpose of court directions?

To ensure cases proceed efficiently and fairly.

What do court directions typically cover?

Directions on filing documents, witness statements, and expert evidence.

What is a Case Management Conference?

A hearing where the court sets out the timetable and steps for the case.

What happens if a party fails to comply with court directions?

Parties must comply, or risk penalties.

What is a Motion?

A 'Motion' is an application to the court for an order.

Define 'Application' in a legal context.

A formal request to a court for a specific action or decision.

What is the difference between

Motions are typically about specific issues within a case, while applications might initiate an entire legal process.