Minimum Period For Defence Of Undefended List Case In Abuja

Daily Law Tips (Tip 512) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

MINIMUM PERIOD FOR DEFENCE OF UNDEFENDED LIST CASE IN ABUJA.

While litigation in Nigeria may take forever, there is a shortcut for recovery of debt cases. A person that is being owed (creditor) can easily and quickly recover his money from the person owing him (debtor) in a High Court through the “UNDEFENDED LIST” procedure or in a Magistrate Court through “Default Summons” procedure. By these procedures, recovery of debt case can start and end in a day.

Undefended List procedure and Default Summons procedure are used for quick recovery of debts where a claimant (creditor) believes that his defendant (debtor) has no defence whatsoever.

In the High Court of the Federal Capital Territory, Abuja, where a defendant is served with court processes of a case filed under the Undefended List procedure, such a defendant is expected to file a Notice of Intention to Defend (ie. if such defendant intends to oppose the case). Notice of intention to defend must be filed together with an affidavit disclosing a sufficient defence. These must be filed before 5 days to the hearing date of the case. Where the court sees merit in the Notice of Intention to Defend and Affidavit filed by a defendant, the court may move the case from Undefended List to Ordinary Cause List for proper full hearing and determination of the case on merit.

Where Notice of Intention to Defend as well as an affidavit of defence is not filed, court may proceed to give judgement in favour of the Claimant (Creditor).

My authority is Order 35 of the High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018.

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