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.