SETTING ASIDE DEFAULT JUDGMENT IN THE FEDERAL HIGH COURT IN NIGERIA- PRINCIPLES, PRACTICE AND PROCEDURE

This paper critically analysed stipulations of the Federal High Court (Civil Procedure) Rules 2019 on default judgment and decided cases on them. It established that though default judgment is a final judgment, a Defendant under the weight of default judgment in the Federal High Court is not shut out forever from the altar of justice. The paper further found that satisfying the requirement for setting aside default judgment is a herculean task on the part of the Defendant and an onerous judicial discretion that must be exercised judiciously by the trial Court. Hence, the paper graphically revealed what steps a defendant should timeously take to get a reversal of default judgment in this Court. Being that default judgment is not set aside as a matter of course; the paper aggregated in a concise manner the legal principles that should guide this cadre of Court in yielding or rejecting to yield to upturn its judgment given in default. The paper viewed strongly that indolence in judicial proceedings should not be rewarded hence it recommended that the Court should not hesitate to refuse any application to disaffirm its default judgment that falls short of the stipulated Rules since equity assists only the vigilant.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-10-08
DOI
https://doi.org/10.5281/zenodo.17293305
Primary Topic
Plant nutrient uptake and metabolism
Type
article
Field-Weighted Citation Impact
0.00
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article

SETTING ASIDE DEFAULT JUDGMENT IN THE FEDERAL HIGH COURT IN NIGERIA- PRINCIPLES, PRACTICE AND PROCEDURE

Zenodo (CERN European Organization for Nuclear Research)
Plant nutrient uptake and metabolism
article

SETTING ASIDE DEFAULT JUDGMENT IN THE FEDERAL HIGH COURT IN NIGERIA- PRINCIPLES, PRACTICE AND PROCEDURE

article en

Abstract

This paper critically analysed stipulations of the Federal High Court (Civil Procedure) Rules 2019 on default judgment and decided cases on them. It established that though default judgment is a final judgment, a Defendant under the weight of default judgment in the Federal High Court is not shut out forever from the altar of justice. The paper further found that satisfying the requirement for setting aside default judgment is a herculean task on the part of the Defendant and an onerous judicial discretion that must be exercised judiciously by the trial Court. Hence, the paper graphically revealed what steps a defendant should timeously take to get a reversal of default judgment in this Court. Being that default judgment is not set aside as a matter of course; the paper aggregated in a concise manner the legal principles that should guide this cadre of Court in yielding or rejecting to yield to upturn its judgment given in default. The paper viewed strongly that indolence in judicial proceedings should not be rewarded hence it recommended that the Court should not hesitate to refuse any application to disaffirm its default judgment that falls short of the stipulated Rules since equity assists only the vigilant.

Zenodo (CERN European Organization for Nuclear Research)
Imo State University (NG)
Peace, Justice and strong institutions
Openalex Percentile: Top 31%
Plant nutrient uptake and metabolism
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