Legal Procedure: Hearing and Decision on the Return Date

Flashcards covering the legal procedures for summary judgments under the undefended list, including relevant case law and the Abuja Rules.

What three processes does the court consider before taking action on the return date for an application on the undefended list?

The court considers the writ as endorsed with the claim, the notice of intention to defend, and the affidavit evidence of the claimant or applicant.

Which cases are cited regarding the court considering processes such as the writ and notice of intention to defend?

Mali versus ESA and Bona versus Textile Limited versus Asaba Textile Mill Plc.

What happens to a matter when the court grants 'leave to defend'?

The matter is transferred to the general cause list, and the court may order pleadings or proceed to hearing without pleading.

Which case is associated with the court granting leave to defend and transferring the matter to the general court's list?

Adebisi McGregor and Associates versus NMB.

Under what conditions may the court enter judgment for the claimant or applicant on the return date?

This arises where the defendant neglects to deliver the notice and affidavit or is not given leave to defend.

According to the Abuja rules, what happens to a suit once leave to defend has been granted?

The suit is removed from the undefended list and placed on the ordinary course list (Order $35$ rule $3$ sub $2$).

What is the consequence of a court granting unconditional leave to a defendant to defend a suit?

There can be no appeal from such a decision, according to section $241$ sub $2$ c of the constitution $1999$.

If a defendant fails to deliver a notice of intention to defend and an affidavit, how is the suit heard?

The suit shall be heard as an undefended list and judgment given accordingly, per Order $35$ rule $4$ of the Abuja rules.

Under Order $35$ rule $5$ of the Abuja rules, when can a court call for hearing or require oral evidence?

The court can do so at any stage of the proceedings if it feels so compelled.

How is a judgment obtained under the undefended list legally characterized?

It is a judgment on the merits, irrespective of whether the defendant files a response or not.

Which case from $1962$ establishes that judgment under the undefended list is a judgment on the merits?

Leventis Motors Limited versus GCS Monu ($1962$).

Which case from $1966$ is cited regarding hearing of the application and decision on the return date?

UAC Technical Limited versus Anglo Canadian Cement Limited ($1966$).