LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Admission — Effect of Admission of Facts in Pleadings
PRINCIPLE STATEMENT
It is an elementary principle of procedure that facts pleaded by one party and admitted by the other will generally need no further proof.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Asafa Foods Factory Ltd. v. Alraine Nig. Ltd. & Anor (2002) NLC-511998(SC) at p. 7; Paras A–B.
"It is elementary principle of procedure that facts pleaded by one party and admitted by the other will generally need no further proof."
EXPLANATION / SCOPE
Admissions in pleadings are binding on the party making them. Admitted facts do not require proof at trial. The principle is derived from Section 75 of the Evidence Act. The court may proceed on the basis of admitted facts. The rule promotes judicial efficiency by eliminating the need to prove uncontested matters. The admission may be express or implied from failure to traverse. The party making the admission cannot later contradict it. The court may still require proof in its discretion under the proviso to Section 75. The principle applies to both plaintiffs and defendants. The opposing party is entitled to rely on the admission. The rule is fundamental to civil procedure.
