LEGAL PRINCIPLE: CIVIL PROCEDURE — Affidavit Evidence — Unchallenged Facts Deemed Admitted
PRINCIPLE STATEMENT
When facts deposed to in an affidavit are unchallenged, the court may accept those facts as true and correct.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in A.G., Plateau State v. A.G., Nasarawa State (2005) NLC-2552000(SC) at p. 5; Paras B–C.
"When facts deposed to in an affidavit are unchallenged, the court may accept those facts as true and correct. See Adejumo v. Ayantegbe (1989) 3 NWLR (Pt. 110) 417; Eze v. State (1985) 3 NWLR (pt. 13) 429."
EXPLANATION / SCOPE
Unchallenged affidavit facts are deemed admitted and may be accepted as true. The opposing party must file a counter-affidavit to dispute facts. The principle applies to affidavit evidence in civil proceedings. The rule prevents parties from ignoring adverse affidavits and later disputing facts. Failure to challenge facts gives the court basis to accept them. This promotes efficient resolution of factual disputes.
