LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Pleadings – Effect of Non-Traverse as Deemed Admission
PRINCIPLE STATEMENT
Failure to admit or deny an averment amounts to admission. Where no issue is joined, the fact stands proved.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Yusuf v. Oyetunde (1998) NLC-651992(SC) at p. 17; Paras D–E.
"The failure of the 2nd defendant to either admit or deny the averment in paragraph 18 of the plaintiffs' further amended statement of claim amounted to admission ... Since there is no issue joined on the averment ... the fact stands proved."
EXPLANATION / SCOPE
Failure to traverse an averment results in admission. The fact is deemed proved. The principle applies to all civil proceedings. The defendant must specifically deny allegations. The rule promotes efficiency. The court will treat un-traversed facts as admitted. The principle is fundamental.
