CIVIL PROCEDURE — Affidavit Evidence — Failure to Reply — Effect
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Nwadiogbu v. Anambra/Imo River Basin Development Authority & Anor (2010) NLC-123-299-2006(SC) at p. 5, para. E:
"The respondents having failed to file a reply to the further affidavit are deemed to have admitted the correctness contained therein, hence the issue of conflict in the affidavit that may warrant the calling of oral evidence does not arise."
Explanation / Scope
This principle establishes that failure to file a reply to a further affidavit amounts to admission of its contents, and no conflict arises warranting oral evidence. The principle applies where affidavit evidence is not challenged. It ensures that unchallenged depositions are deemed admitted. The principle reflects the rule that silence amounts to admission. It prevents parties from ignoring affidavit evidence. The court may act on unchallenged depositions. The principle provides guidance on the effect of failure to reply to affidavits.