Extension of Time and Effect of Judgment in Undefended List

Practice questions covering the procedural requirements, statutory rules, and methods for setting aside judgments on the undefended list according to legal lectures.

Under what conditions may a court allow a defendant to defend a matter on the undefended list after the time for delivering a notice of intention to defend has passed?

If before judgment, the defendant applies by motion on notice supported by an affidavit disclosing a defense on the merits and satisfactorily explaining his neglect.

What step may a court take for a party who merely files a notice of intention to defend but has not yet filed an affidavit disclosing the defense?

The court may grant an adjournment to enable the party to take proper steps, such as filing an affidavit disclosing the defense.

According to the transcript, which cases support the fact that a suit on the undefended list is for hearing and not for mention when it first comes to court?

Ben Thomas Hotels Limited versus Sebi Furniture Limited (1989) and Olubusola Stores Limited versus Standard Bank Limited.

How is the defendant's name spelled in the 1961 case of John Holt and Liverpool Limited versus ________?

Fajemirokun (F A J E M I R O K U N).

Which Order of the High Court rules covers the undefended list procedure in Kano and Oyo states?

Order 23.

Under which Order is the undefended list procedure found in Anambra state?

Order 24.

Which Order governs the undefended list procedure in Rivers state?

Order 11.

Which Order and year of the Federal High Court rules contain the procedure for the undefended list?

Order 12 of the Federal High Court rules 2019.

In Lagos, what is obtainable instead of the undefended list and under which Order?

Summary judgment under Order 13.

Why can a judgment on the undefended list generally not be set aside by the court that awarded it?

Because the judgment is on merit and can typically only be set aside on appeal.

On what specific grounds can a claimant or defendant apply to have an undefended list judgment set aside?

Fraud, non-service, or lack of jurisdiction.

What is the specific mode of application for setting aside a judgment on the undefended list?

Filing a fresh suit in the same court or a court of coordinate jurisdiction.

How does the mode of setting aside an undefended list judgment differ from setting aside a judgment on pleadings?

Setting aside a judgment on the undefended list requires a fresh suit (as it is a judgment on merit), whereas setting aside a judgment on pleadings is done by motion on notice.