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ZENODO
Article . 2025
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2025
License: CC BY
Data sources: Datacite
ZENODO
Article . 2025
License: CC BY
Data sources: Datacite
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SETTING ASIDE DEFAULT JUDGMENT IN THE FEDERAL HIGH COURT IN NIGERIA- PRINCIPLES, PRACTICE AND PROCEDURE

Authors: Prof Obiaraeri, N. O.;

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

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.

Related Organizations
Keywords

Court, Judgment, federal, set aside, court, judgment, Court of justice, default

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green