Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ ZENODOarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
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
versions View all 2 versions
addClaim

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

Authors: Prof Obiaraeri, N. O.;

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

Abstract

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

Related Organizations
Keywords

Court, Judgment, Process, SSAR Publishers, Default, Aside, SSAR Journal of Arts Humanities and Social Sciences (SSARJAHSS), PROCEDURE FOR OBTAINING OR SETTING ASIDE DEFAULT JUDGMENT IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA- A CONTEMPORARY OVERVIEW

  • BIP!
    Impact byBIP!
    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).
    0
    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.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
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