LEGAL PRINCIPLE: EVIDENCE LAW — Admissibility of Evidence — Admission — Effect of Admission in Civil Proceedings
PRINCIPLE STATEMENT
In civil cases, admissions in statements made out of court are evidence of the facts asserted against, but not in favour of, the party making them. They are not conclusive; the weight depends on the circumstances.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Spasco Vehicle and Plant Hire Company Limited v. Alraine (Nigeria) Limited (1995) NLC-1641989(SC) at p. 21; Paras. A–C.
"The law is well settled that in civil cases, admissions in statements made otherwise than by way of testimony in court by a party to the proceedings are evidence of the facts asserted against, but not in favour of such a party. They are however not estoppels or conclusive against the party against whom they are tendered as the value and weight of an admission depends on the circumstances in which it was made. Accordingly evidence of such circumstances is always receivable in evidence to affect the weight of the admission."
EXPLANATION / SCOPE
Extra-judicial admissions are admissible against the maker but not in his favour. They are not conclusive; the court may consider the circumstances. The weight depends on credibility. The party making the admission may explain it. The principle applies to both written and oral admissions. The admission is evidence, not a estoppel. The court may require corroboration. The rule is based on the Evidence Act. The opposing party may challenge the admission. The court will evaluate the admission in context.