Order 34 — Admissions

Any party to a proceeding may give notice by the party’s pleading or otherwise in writing, that such party 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 (7) days after close of pleadings 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 (4) days after service give notice of admission or non-admission of the document, failing which the party so served shall be deemed to have admitted it unless the Court otherwise orders.

(2) When a party decides to challenge the authenticity of any document, such a party shall not later than seven (7) days after service on the party of that document, give notice that the party 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 (7) days before close of pleadings, by notice in writing filed and served, require any other party to admit any specific fact(s) mentioned in the notice, and the party so served shall not later than four (4) days after service give notice of admission or denial of the fact(s) failing which the party served shall be deemed to have admitted the facts unless the Judge otherwise orders.

(2) Any admission made pursuant to notice mentioned in sub-rule (1) of this rules, shall be deemed to be made only for the purposes 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 of admission.

(3) Where there is a refusal or neglect to admit, answer, or react to the notice in sub-rule (1) of this rule, within four (4) days after service of such notice or within such further time as may be allowed by the Court, the cost of proving such fact or facts which shall not be less than Five Thousand Naira (N5,000.00) shall be paid by the party so refusing or neglecting, notwithstanding the result of the proceedings, unless the Court:
(a) certifies that the refusal to admit, answer or react to the notice was reasonable; or
(b) at any time otherwise orders or directs.

The Court 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 judgment as upon such admission 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 cost occasioned thereby which shall not be less than Five Thousand Naira (N5000.00) shall be borne by the party giving such notice.