Order 15 — Admissions
Rule 1 Notice of admission of facts.
A party to a proceeding may give notice by his pleading or otherwise in writing that he admits the truth of the whole or of part of the case of any other party and the Court may receive such notice in evidence as an admission without further proof.
Rule 2 Notice to admit document.
(1) Where a party wishes to challenge the authenticity of a document, he shall, not later than seven days of service of that document give notice that he does not admit the document and requires it to be proved at the trial.
(2) Where a party gives notice of non admission and the document is proved at the trial, the cost of proving the document, which shall not be less than a sum of N5,000, shall be paid by the party who has challenged it unless at the trial or hearing the Judge certifies that there is reasonable grounds for not admitting the authenticity of the document.
Rule 3 Notice to admit facts.
(1) A party may after close of pleadings, by notice in writing, filed and served, require any other party to admit any specific fact mentioned in the notice, and the party so served shall not later than fourteen days after service give notice of admission or non-admission of the fact failing which he shall be deemed to have admitted it unless a Judge otherwise orders.
(2) Any admission made pursuant to such notice shall be deemed to be made only for the purpose of that particular proceeding and not as an admission to be used against the party or any other party than the party giving the notice.
(3) Where there is a refusal or neglect to admit the same within 14 days after service of such notice or within such further time as may be allowed by the Judge, the cost of proving such fact which shall not be less than the sum of five thousand naira, shall be paid by the party so refusing or neglecting whatever the result of the proceedings; unless the Judge certifies that the refusal to admit was reasonable or unless the Judge at any time otherwise orders or directs.
Rule 4 Judgement or order upon admission of facts.
The Judge may, on application at any stage of the proceedings where admissions of facts have been made either on the pleadings or otherwise, make such orders or give such Judgement as upon such admissions a party may be entitled to, without waiting for the determination of any other question between the parties.
Rule 5 Costs, where documents unnecessary.
Where a notice to admit or produce comprises any document that is not necessary, the costs occasioned thereby, which shall not be less than five thousand naira, shall be borne by the party giving such notice.