WHAT IS THE SIGNIFICANCE OF A NOTICE OF INTENTION TO DEFEND?

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WHAT IS THE SIGNIFICANCE OF A NOTICE OF INTENTION TO DEFEND? 


by Branham Chima. 

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In the Nigeria legal system, there is a concept known as the ‘undefended list’. When a case is placed on the undefended list, it generally means that the defendant has not indicated their intention to contest the claims made by the claimant. As a result, the case may proceed without the active participation of the defendant, and the claimant may potentially obtain a judgment in their favor without a full trial if certain conditions are met. 


The Notice of Intention to Defend is closely related to the undefended list because the filing of this notice by the defendant can effectively remove the case from the undefended list. By submitting the Notice of Intention to Defend within the required timeframe, the defendant signals their intent to actively participate in the legal proceedings and present their defense. 


The significance of a notice of intention to defend was well captured and stated in the Supreme Court case of African Continental Bank Ltd. v. Alhaji Umaru Gwagwada (SC.26/1990, 29 APR 1994) per Olatawura JSC thus: ‘What is the significance of the Notice of Intention to Defend filed by the defendant? I will remind myself once again that the case was originally put on the undefended list. The significance of the Notice to defend is borne out by the affidavit accompanying the Notice that the grounds for asking to be heard in defence are not frivolous, vague or designed to delay the trial of the action and must show that there is a dispute between the parties: Olubusola stores v. Standard Bank Nigeria Ltd. (1975) NSCC. 137, (1975) 4 S.C. 51; John Holt and Co (Liverpool) Ltd. v. Fajemirokun (1961) All NLR. 513. When the Judge is satisfied that there is a prima facie defence then leave is granted to defend and then pleadings may be ordered.’ 

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