Order 18 — Admissions

Any party may give notice by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the facts of the case of any other party.

(1) Either party may, not later than seven days before trial by notice in writing filed and served, require any other party to admit any document and the party so served shall not later than four days after service, give notice of admission or non-admission of the document, failing which he shall be deemed to have admitted it unless a Judge otherwise orders.

(2) When a party decides to challenge the authenticity of any 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.

(3) 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 twenty thousand naira shall be paid by the party who has challenged it, unless at the trial or hearing, the Judge shall certify that there were reasonable grounds for not admitting the authenticity of the document.

(1) Either party may not later than seven days before the trial by notice in writing filed and served, require any other party to admit any specific fact or facts mentioned in the notice and the party so served shall not later than four days after service, give notice of admission or nonadmission of the fact or facts 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 purposes of that particular proceedings 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 four days after service of such notice or within such further time as may be allowed by the Judge, the cost of proving such fact or facts which shall not be less than the sum of twenty 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.

The Judge may on application, at the trial or at any other stage of the proceedings where admissions of fact 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.

Where a notice to admit or produce comprises documents that are not necessary, the costs occasioned thereby which shall not be less than twenty thousand naira shall be borne by the party giving such notice.