LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Pleadings – Duty to traverse allegations of fact
PRINCIPLE STATEMENT
A defendant must specifically deny each allegation of fact in the plaintiff's statement of claim. Every allegation not specifically or generally denied, or by necessary implication stated to be not admitted, shall be taken as established at the hearing.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Elendu v. Ekwoaba (1998) NLC-621995(SC) at pp. 9–10; Paras D–A.
"It is a well settled proposition of law that the defendant must deny specifically each allegation of fact in the plaintiff’s statement of claim. Every allegation if not specifically or generally denied, or by necessary implication stated to be not admitted, shall be taken as established at the hearing."
EXPLANATION / SCOPE
Specific denial of allegations is required. Failure to traverse results in admission. The principle applies to all civil proceedings. The defendant must clearly state which facts are disputed. The rule ensures fair notice. The court will treat evasive denials as admissions. The principle is fundamental.