Civil Procedure and Practice (794)
HELD:
"The question presented by issue one is: was the lower Court's right in its response to the approach of the trial Court which decided a substantive issue at an interlocutory stage.
HELD:
"My Lords, the undefended list procedure has become entrenched in our jurisprudence to enable a claimant recover quickly liquidated sums of money from a defendant where the said Defendant has no defence or in fact no real defence to the claim.
HELD:
"I will only reiterate the point that he made regarding the special nature of an undefended list action, wherein it is presumed that the Defendant has no defence to the Plaintiff's suit.
HELD:
"One may ask the question what type of defence is expected in a suit filed under the undefended list procedure.
HELD:
"Once there is a pending suit which determines rights between the parties, no right should be conferred on any of the parties pending the determination of the suit.
HELD:
"... Resort to self-help under any guise is a condemnable act that must not be allowed in any sane environment -Military Governor of Lagos State Vs Ojukwu (1986) 1 NWLR (Pt 18) 621, Okochi Vs Animkwoi (2003) 18 NWLR (Pt 851) 1.