LEGAL PRINCIPLE: EVIDENCE LAW – Affidavit Evidence – Uncontroverted Facts – Effect
PRINCIPLE STATEMENT
The proper and only conclusion therefore is that the defendant's story remained unchallenged and uncontraverted. It is necessary for the court to be appraised of all necessary and material facts for it to be able to properly consider the case of the parties which I believe is what the defendant's counter-affidavits are intended to achieve.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC) at p. 18; Paras A–C.
"The proper and only conclusion therefore is that the defendant's story remained unchallenged and uncontraverted. It is necessary for the court to be appraised of all necessary and material facts for it to be able to properly consider the case of the parties which I believe is what the defendant's counter-affidavits are intended to achieve."
EXPLANATION / SCOPE
Where facts deposed in an affidavit are unchallenged and uncontroverted, the court must accept them as true. The opposing party had the opportunity to file a counter-affidavit but failed to do so or failed to challenge specific averments. The court cannot ignore uncontroverted evidence. This principle applies to affidavit proceedings where oral evidence is not taken. The court must be appraised of all material facts to decide properly. Uncontroverted facts provide the necessary basis for decision. The party against whom the affidavit is sworn cannot later complain that the facts were not proved. The failure to controvert implies acceptance or inability to dispute.