In Mat Holdings Ltd v. U.B.A. Plc (2003) 2 NWLR (Pt. 803) page 71 at 91, (2003) FWLR (Pt. 183) page 146 the law was succinctly stated with respect to suits on the undefended list inter alia: “The rules of Court providing for cases to be placed on the undefended list proceeding are deliberately designed to allow for quick dispensation of justice to avoid unnecessary clogging of the legal system with proceeding which could otherwise have been easily and quickly disposed of. Although the need for fair hearing should not be sacrificed on the altar of expediency, the procedure should not be frustrated or thwarted by fanciful or general defence directed at frustrating the Plaintiff of judgment he well deserved, a case should therefore not be translated to the general cause list merely on the whims and caprices of a defendant who merely finds the words “fair hearing” convenient as well as handy shegam.”
DISCRETION OF TRIAL JUDGE TO PLACE SUIT ON UNDEFENDED LIST
The discretion to place a suit on the Undefended List resides with the trial judge, once he is satisfied, based on the depositions of the plaintiff, that there are good grounds to belief that the defendant has no defence to the action. And even when the defendant files a notice of intention to defend and...