Summary Judgement

In law, a summary judgement is a judgement
entered by a court for one party and against another party summarily, ie without a full trial. Such a judgement may be issued on the merits of an entire case, or on discrete issues in that case. It is a procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is untitled to judgement as a matter of law.
Any party may move for summary judgement. It is not uncommon for both parties to seek it. A judge may determine on his/her own initiative that summary judgement is appropriate. Unlike with pretrial motions to dismiss, information such as affidavits interrogaties, dispositions and admissions may be considered on a motion for summary judgement.
Note that any evidence that would be admissible at trial under the ‘Rules of Evidence may support a motion for summary judgement. Usually a court will hold oral arguments on a summary judgement motion, although it may decide the motion on the parties briefs and supporting documentation alone.
The purpose of summary judgement is to avoid unnecessary trials. Two criteria must be met before summary judgement my be properly granted.
(1)    There must be no genuine issues of material fact,
(2)    The MOVANT must be entitled to judgement as a matter of law. A party opposing summary judgement must introduce evidence that contradicts the moving party version of the facts. Moreover the facts in dispute must be central to the case.
Irrelevant or minor factual disputes will not defeat a motion for summary judgement. It is worthy of note, that summary judgement does not mean that a judge decides which side would prevail at trial, nor does a judge determine the credibility of interests. Rather the procedure is used where no factual questions exist for a judge to decide.
Under Order 11 of the High Court Rules of Rivers State, a claimant filing for summary judgement shall accompany his writ of summons with:
1.    Statement of claim
2.    The exhibit to be relied on at the trial
3.    The disposition of his witnesses and in addition an application for summary judgement, supported by an affidavit stating the grounds of his belief, that there is no defence to his claim.
Summarily judgement therefore is properly granted where the evidence in support of the moving party establishes that there is no issue of material fact to be tried. The court is required to consider all the evidence set forth in the papers, except where objections are properly sustained, and all inferences reasonably deducible from such evidence.

Nkechi Bright-Ewere