LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Admission by Failure to Traverse — Effect of Not Denying Specific Averments in Statement of Defence
PRINCIPLE STATEMENT
Under the rules of pleading, where a party fails to deny specific averments, they are deemed to have admitted those facts.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Obioha v. Nigerian Postal Services Ltd & Ors (2003) NLC-871999(SC) at p. 25; Paras D–E.
"Under the rules of pleading the appellants are deemed to have admitted that fact. See Adeleke v. Aserifa (1986) 3 NWLR (Pt. 30) 575."
EXPLANATION / SCOPE
Failure to traverse an averment results in admission. The principle applies to all civil proceedings. The defendant must specifically deny allegations. The rule ensures fair notice. The court will treat un-traversed facts as admitted. The principle is fundamental.