UNDEFENDED LIST PROCEDURE - IMPLICATION OF FAILURE TO FILE A NOTICE OF INTENTION TO DEFEND UNDER THE UNDEFENDED LIST PROCEDURE  

 

Gbenga Babawibe
Joined: 10 months ago
Posts: 156
13/09/2019 10:00 am  
"It was explained in First Bank (Nig.) Ltd v. Khaladu supra at page 55 that the failure to deliver a notice of intention to defend means only one thing that is, that the defendant has no defence to the plaintiffs claim. Therefore failure to file or deliver a notice of intention to defend as provided by the rules is tantamount to an admission that facts admitted need no proof." 
 
 
PER K.B. AKAAHS, J.S.C IN THE CASE OF AKAHALL & SONS LIMITED V NIGERIAN DEPOSIT INSURANCE CORPORATION (RECEIVER/LIQUIDATOR OF ALLIED BANK OF NIGERIA PLC) LER(2017): SC. 302/2006

 


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