Guiding Principles for Setting Aside Default Judgment –A Panoramic Overview Through Decided Cases

Abstract

In the administration of justice ecosystem, it is a perennial question whether default judgment can be set aside and, if in the affirmative, what steps can a defendant take to get the trial Court to set it aside? There is also related concern about the legal principles that should guide a trial Court in granting or refusing an application to set aside a default judgment. To resolve these legal posers, this paper deployed the doctrinal research method to consider provisions of various Rules of Courts on default judgment and the interpretations placed on them in decided cases. The paper established that, although not on merit, default judgment is final until set aside. Hence, Rules of Courts commonly provide the defendant with opportunity to set aside default judgment. The paper further found that satisfying the requirement for setting aside default judgment is a herculean task on the part of the applicant and an onerous judicial discretion that must be exercised judiciously by the trial Court. The paper recommended that the trial Court should not hesitate to refuse any application for setting aside a default judgment that falls short of the conditions stipulated in the Rules since equity assists only the vigilant.