MADEWELL PRODUCTS LIMITED & ANOR v. CITIBANK NIGERIA
(2014)LCN/6893(CA)
RATIO
PRACTICE AND PROCEDURE: CONSIDERATION OF THE COURT IN INITIATING A SUIT UNDER THE UNDEFENDED LIST OF PROCEDURE:
Decidedly, undefended list procedure is to enable the Plaintiff, initiating the action, to obtain summary Judgment without resort to trial, where the case is patently clear and unassailable – AKPAN V. A.I.P. AND INV. CO. LTD (2013) 12 NWLR (PART 1368) 399 – 400. However, the procedure is not designed to shut out a Defendant who can show in his affidavit in support of intention to defend, or any other means, that indeed there is a triable issue – SODIPO V. LEMMINKAINEN OY (NO. 2) (1986) 1 NWLR PT.15) 220; NISHIZAWA V. JETHWANI (1984) 12 SC 234.
Undefended List Procedure is usually to recover a LIQUIDATED SUM. In other words, for a Liquidated money demand. This has been interpreted to mean a debt or other specific sum of money usually due and payable, which amount must have already being ascertained, or capable of being ascertained as a mere matter of arithmetic, without any other further investigation. Therefore, whenever the amount being claimed by a Plaintiff can be ascertained by calculation, or fixed by any scale of changes, or other positive data, it is said to be liquidated. Similarly, where the parties to a contract, as part of the terms of their agreement, fix the amount payable on the default of one of them, or in the event of breach, by way of damages, such sum of money is classified as liquidated damages – AKPAN V. AIP AND INV. CO. LTD (supra) at page 400; MAJA V. SAMOURIS (2002) 7 NWLR (PT.765) 78. Per RITA NOSAKHARE PEMU, J.C.A.
