EVIDENCE LAW — Admissibility of Evidence — Facts Not Denied Are Deemed Admitted — Effect in Affidavit Evidence
Ratio Decidendi
Per Tobi, JSC, in Unibiz Nigeria Limited v. Commercial Bank (Credit Lyonnais (Nig.) Limited) (2005) NLC-702000(SC) at p. 7; Paras C–D:
"It is elementary law that what is not denied is presumed to have been admitted, and facts in an affidavit not contradicted are deemed admitted."
Explanation / Scope
Uncontradicted affidavit facts are deemed admitted. Failure to file a counter-affidavit leads to acceptance of depositions. The principle applies to evidence law and affidavit evidence.