LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Traverse – Effect of Evasive Denial as Deemed Admission
PRINCIPLE STATEMENT
A traverse which is evasive amounts to an implied admission. Every allegation of fact must be specifically traversed. A general denial or general statement of non-admission is not sufficient.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Meridien Trade Corp. Ltd. v. Metal Construction (W.A.) Ltd. (1998) NLC-2601993(SC) at pp. 18–19; Paras A–C.
"A traverse which is evasive amounts to an implied admission. Every allegation of fact made in a Statement of Claim or counter-claim which the party on whom it is served does not intend to admit must be specifically traversed by him in his defence... a general denial of such allegations or a general statement of non-admission of them is not sufficient traverse of them."
EXPLANATION / SCOPE
Evasive denials admit the allegation. Specific traverse is required. A general denial is insufficient. The principle applies to all civil proceedings. The opposing party is entitled to know the specific defence. The rule promotes fair notice. The court will treat insufficient denials as admissions. The principle is fundamental to pleading. The party must set out the defence clearly.