EVIDENCE LAW — Unchallenged Affidavit Evidence — Deemed Admitted
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 20; Paras E—A:
"The Appellants argued that there was no evidence before the court below that the Federal Government of Nigeria (FGN) has 55% equity interest in the company. But I note that same is covered in Paragraphs 13 and 14 of the 3rd further affidavit on Pages 107-108 of Volume 2 of the record of appeal. As the depositions were not challenged, they are deemed to be admitted by the Appellants."
Explanation / Scope
This principle establishes that unchallenged depositions in an affidavit are deemed admitted. The principle applies where affidavit evidence is not challenged. It ensures that unchallenged evidence is accepted. The principle reflects the effect of failure to challenge. It prevents parties from disputing unchallenged depositions. The court must deem them admitted. The principle provides guidance on unchallenged affidavit evidence.