Not every court case needs to go through a full trial. In some civil matters—especially where the facts are clear and the defendant has no valid excuse—the law allows for a quicker path to justice. Two of the main fast-track options in Nigeria are summary judgment and the undefended list procedure.
What is Summary Judgment?
Summary judgment is a quick way to resolve a civil case without a full trial where the claimant (the person suing) believes the defendant has no valid defence.
When Can It Be Used?
This procedure applies mostly in clear debt cases or other straightforward claims. The claimant must file everything up front, including:
The originating process (like a writ of summons), A statement of claim, All supporting documents, Witness depositions, A motion for summary judgment, An affidavit explaining why they believe there’s no defence, and A written address in support of the application.
These documents are served on the defendant, who must reply within the time allowed for defence.
What Should the Defendant Do?
To oppose the summary judgment, the defendant must file:
A statement of defence, Witness statements, Supporting documents, A counter-affidavit against the summary judgment application, and A written address in response.
What Will the Court Do?
If the court sees that the defendant has no real defence, it will enter judgment in favour of the claimant. If there’s a genuine defence, the court will grant the defendant leave to defend, and the case proceeds to trial. If only part of the claim is disputed, judgment may be entered for the undisputed part, and leave to defend the rest is granted. If there are multiple defendants, judgment may be entered against those who have no defence, while others may be allowed to defend.
What is the Undefended List Procedure?
The undefended list procedure is also a fast-track method used mostly for liquidated money demands (such as unpaid debts).
The claimant applies at the time of filing to have the suit placed on the undefended list by including an affidavit stating that the defendant has no defence.
If the court is satisfied, the suit is entered on the undefended list, and the hearing is fixed.
What Happens Next?
The defendant must file a notice of intention to defend with an affidavit showing a real defence before the hearing date. If no defence is shown, the court will enter judgment immediately on the first hearing. If a defence is disclosed, the case is moved to the general cause list for full trial.
Why It Matters
Both procedures help save time and cost, especially where it’s obvious that the defendant is only trying to delay the process. They are tools designed to uphold the saying: “justice delayed is justice denied.”
Disclaimer:
This blog post is for general information purposes only and does not constitute legal advice. Each case is unique, and court procedures may vary. Please consult a qualified lawyer for legal advice tailored to your specific situation.