LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Admission by Non-Denial — Defendant Not in Position to Admit or Deny Constitutes Admission
PRINCIPLE STATEMENT
A pleading that a defendant is not in a position to admit or deny may be taken as an admission of the facts contained therein, or at least places no burden on the plaintiff unless implied denial from other paragraphs.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Bua v. Dauda (2003) NLC-1371999(SC) at p. 5; Paras D–E.
"Such pleading in law may be taken as an admission of the facts contained therein: see Lewis and Peat (NRI) Ltd. v. Akhimien (1976) 7 S.C. 157; or at any rate it is likely to be construed as placing no burden on the plaintiff unless by implication from the other paragraphs of the statement of defence that there has been a denial: see Atolagbe v. Shorun (1985) 1 NWLR (Pt. 2) 360."
EXPLANATION / SCOPE
A defendant’s statement of inability to admit or deny may constitute an admission. The principle applies to pleadings. The plaintiff need not prove such facts. The rule promotes efficiency. The defendant must specifically deny to put facts in issue. The principle is well-established.