Setting Aside Default Judgments and Legal Disability Procedures

Practice questions covering the procedures, rules, and conditions for setting aside default judgments in Nigeria, including specific rules for Lagos and Abuja, as well as procedures for persons under legal disability.

What are the rules governing the setting aside of a judgment obtained in default of appearance in Abuja and Lagos?

Order 10, rule 11, Abuja, and order 12, rule 9, Lagos.

What are the four conditions for setting aside a judgment obtained in default of appearance?

1. Application is brought within a reasonable time; 2. Show of payment of penalty; 3. Show of just cause for defaulting; 4. Good defense shown by the defendant.

Under what specific grounds can a judgment obtained in default of pleading be set aside?

Fraud, non-service, or lack of jurisdiction.

Which rules govern judgments obtained in default of pleading in Abuja and Lagos?

Order 21 rule 12, Abuja, and order 22, rule 12 (1) and (2) Lagos.

What is the form of application used to set aside a default judgment?

Motion on notice for extension of time to file a memorandum of appearance and to file a defense.

What essential documents must accompany the motion to set aside a default judgment?

1. Statement of defense; 2. Affidavit showing just cause for default; 3. Written address canvassing arguments for the default; 4. Proposed copies of the proper processes.

What is the daily penalty for default in Lagos and Abuja according to the court rules?

$1,000$ naira for Lagos and $500$ naira for Abuja for every day of the default.

Which specific rules cite the penalties for default in Lagos and the FCT?

Order 48 rule 4 of the High Court Rules of Lagos State $2019$ and Order 50 rule 5 of the High Court of the FCT Rules $2025$.

Identify two cases cited for applications to set aside default judgments.

Olubusola Stores versus Standard Bank ($1975$) and Bullet versus Adamo ($1997$).

Why will a court hear a defendant's order to regularize before a claimant's application for default judgment?

Where there are pending applications, the court hears the constructive one (which saves the case) over the destructive one, regardless of which was filed first.

Which case established that the constructive application is heard before the destructive application?

NAUSA and team associates versus NNPC.

What must a claimant do before taking further steps if an appearance has not been entered for a person under legal disability?

The claimant shall apply to the court for an order to appoint a guardian for the defendant.

What is the requirement regarding service before applying for a guardian for a person under legal disability?

The originating processes and notices of the application must have been served on the person intended to be appointed as guardian prior to the application.