PROCEDURE FOR OBTAINING OR SETTING ASIDE DEFAULT JUDGMENT IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA- A CONTEMPORARY OVERVIEW

ABSTRACT: This paper examined the unique provisions for either obtaining or setting aside default judgment under the extant “National Industrial Court of Nigeria (Civil Procedure) Rules, 2017”. This was undertaken to dispel the ill understanding that a Defendant under the weight of default judgment in that Court is left with no other options. Adopting the doctrinal research method, the paper critically analyzed stipulations of the extant 2017 Rules on default judgment and interpretations placed on them by the superior Courts. The paper found that “a defendant must not treat Court processes with contempt or levity as his failure, refusal or neglect to either enter appearance or defense within time will compel the Court to enter judgment against him in default”. The paper further established that although default judgment is final but the Court can reverse it aside on grounds of fraud, non-service or of lack of jurisdiction and upon such terms as the Court may deem fit. As this judicial discretion must be exercised judiciously, it was recommended that the Court should not hesitate to refuse any application that does not satisfy all the conditions stipulated in the Rules as well satisfy the trial Court by affidavit evidence that there is \’merit in the application to set aside its default judgment”. This is because equity assists the vigilant and not the indolent. KEYWORDS: Aside, Court, Default, Judgment, Process