LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Failure to Deny Averments — Legal Effect
PRINCIPLE STATEMENT
It is the law that a fact not denied is deemed to be admitted.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ogolo & Ors v. Fubara & Ors (2003) NLC-291995(SC) at p. 28; Paras C–D.
"It is the law that a fact not denied is deemed to be admitted."
EXPLANATION / SCOPE
Failure to deny an averment results in deemed admission. The principle applies to civil procedure. The opposing party must specifically traverse allegations. The rule promotes efficiency. The court may treat un-denied facts as admitted. The principle is fundamental.