LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Non-Denial or Insufficient Traverse Amounts to Admission
PRINCIPLE STATEMENT
Where a defendant avers that he "is not in a position to admit or deny" paragraphs of a statement of claim, it amounts to insufficient denial or insufficient traverse to put the matter in issue.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ngillari v. National Insurance Corporation of Nigeria (1998) NLC-721992(SC) at pp. 19; Paras B–C.
"Where a defendant avers that he 'is not in a position to admit or deny' paragraphs of a statement of claim, it amounts to insufficient denial or insufficient traverse to put the matter thus denied in issue."
EXPLANATION / SCOPE
A defendant must specifically deny allegations they dispute. Evasive pleadings like “not in a position to admit or deny” are insufficient. Such pleadings are treated as admissions. The principle ensures that parties clearly identify disputed facts. The opposing party is entitled to know what is contested. The rule prevents evasive pleading tactics.