Summary Judgment Procedure Flashcards

Practice questions covering the definition, purpose, evidentiary requirements, and case law associated with summary judgment procedure.

What is the definition of summary judgment?

A judgment given in favor of the plaintiff or claimant summarily without going through a full trial.

In what specific situation is summary judgment primarily used?

In cases where there are no genuine disputes over material facts and the claimant believes the defendant has no defense.

According to the transcript, why would a full trial be avoided in clear cases where the defendant lacks a defense?

A full trial would be dilatory.

What cases were mentioned as examples of procedures that bypass plenary or full trials?

Nishizewe v. Jethoani, FMG v. Sunny, and Thor Limited v. FCMB.

On what type of evidence is summary judgment heard?

Affidavit evidence.

Why is affidavit evidence used instead of calling witnesses in summary judgment procedures?

To avoid making the procedure longer, as the evidence is contained in the affidavit instead of calling of witnesses.

According to McGregor Associates Limited v. NMB Limited, what is the nature of a judgment arising from summary judgment?

It is a judgment on the merits.

Generally, what are the only grounds on which the court that granted a summary judgment can set it aside?

Lack of jurisdiction, failure to serve processes, and fraud.

Which case is cited regarding the rules for setting aside a summary judgment?

UTC v. Pamotei.

What must a defendant obtain from the court before they are permitted to defend a claim under the summary judgment procedure?

Leave to defend.

What is the primary purpose of the summary judgment procedure?

To expedite the resolution of cases before the court by eliminating unnecessary trials when the evidence is in favor of the party applying for judgment and there is no genuine defense.