LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Admission by Failure to Specifically Deny Material Averment
PRINCIPLE STATEMENT
Where a defendant fails to specifically deny a material averment in the Statement of Claim and it is impossible to infer a denial thereof from the Statement of Defence, the material averment in the Statement of Claim will be deemed established.
RATIO DECIDENDI (SOURCE)
"Where a defendant fails to specifically deny a material averment in the Statement of Claim and it is impossible to infer a denial thereof from the Statement of Defence, the material averment in the Statement of Claim will be deemed established."
EXPLANATION / SCOPE
Material averments require specific denial or they’re deemed admitted. “Material averments” are facts essential to the claim. Defendants must: expressly deny them, or raise defenses from which denial can be inferred. If neither occurs, the averment is established without proof. This serves: efficiency (avoiding proof of uncontested facts), fair notice (defendants must clearly contest material facts), and issue-narrowing (identifying actual disputes). “Impossible to infer denial” means the defense doesn’t implicitly contradict the averment—there’s no inconsistency between what’s pleaded and the averment. For example, if plaintiff alleges “defendant borrowed N100,000,” and defendant pleads only “plaintiff has no cause of action,” there’s no specific denial and no inference of denial—the debt is deemed admitted. This strict requirement ensures defendants engage with material allegations rather than using general denials.