LEGAL PRINCIPLE: EVIDENCE LAW – Admissions – Effect of Admissions in Documentary Evidence – Estoppel by Admission
PRINCIPLE STATEMENT
In those letters admissions were made that the Clan headship of Okpekpe was by rotation between the two kindreds forming the Clan. That was the last straw that broke the camel's back. The plaintiffs were thereby estopped from resiling from that admission.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Jekpe & Anor v. Alokwe & Ors (2002) NLC-1111995(SC) at p. 18; Paras A–B.
"In those letters admissions were made that the Clan headship of Okpekpe was by rotation between the two kindreds forming the Clan. That was the last straw that broke the camel's back. The plaintiffs were thereby estopped from resiling from that admission."
EXPLANATION / SCOPE
Admissions in documentary evidence estop the maker from resiling. Once a party admits a fact in writing, they cannot later contradict that admission. The estoppel is conclusive—the party is bound. This applies to admissions in letters, agreements, or other documents. The admission must be clear and unequivocal. The purpose is to prevent parties from changing positions to suit changing interests. The estoppel operates even if the admission was mistaken—the remedy is to prove mistake, not to contradict the admission. The principle promotes finality and prevents inconsistent conduct. The admission is treated as proved against the maker.
