Conflicting cases and options available to defendabt in Summary judgment procedure

These flashcards cover the conflicting legal precedents, official court rules (Abuja Rules), service requirements, and defendant options related to the undefended list procedure.

In the cases of Cash Affairs Finance Limited v. Inland Bank and Mali v. Isa, what was the suggested mode of application for the undefended list?

The mode of application should be by motion ex parte supported by an affidavit.

According to the case of Imoniyame Holdings Limited v. Sonneb Entertainment, what is the required mode of application for the undefended list procedure?

Oral application.

What mode of application was identified in Kwara Hotels Limited v. Isola for the undefended list?

A writ of summons.

Which Abuja rule aligns with the position in Kwara Hotels Limited v. Isola regarding the mode of application for the undefended list?

Order 34 Rule 1, which recommends the filing of Form 1 (the writ of summons in the appendix to the rules) with an affidavit in support.

Besides Kwara Hotels Limited v. Isola, which case supports the use of a writ of summons for undefended list applications?

Bona v. Asaba Textile Mill PLC.

What is the required method for service on a defendant in an undefended list procedure, and why?

Personal service, because it is an originating process.

Under what circumstances is substituted service allowed in an undefended list procedure?

In appropriate cases, it is allowed by order of court following an application for such service, typically when personal service cannot be effected.

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

Deliver a written notice of the intention to defend to the registrar, supported by an affidavit disclosing a defense on the merits.

By what deadline must a defendant deliver the written notice of intention to defend?

Within 21 days before the day fixed for hearing (the return date).

Under which specific Abuja rule is a defendant required to file an affidavit disclosing a defense on the merits?

Order 34 Rule 3(1).

According to the case of GM Onmora and Sons Co Limited v. Akputa (2010), what alternative option is available to a defendant upon service besides filing a defense?

A defendant may raise a preliminary objection to an undefended list action.