LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Averments — Need to Prove Averments Not Admitted
PRINCIPLE STATEMENT
An averment in a pleading is not evidence and cannot be substituted for evidence. Such an averment does not amount to proof unless it is admitted.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Adake v. Akun (2003) NLC-951996(SC) at pp. 6–7; Paras E–A.
"An averment in a pleading is not evidence and cannot be substituted for evidence. Such an averment does not therefore amount to proof unless it is admitted."
EXPLANATION / SCOPE
Pleadings are not evidence. The party must adduce proof. The principle applies to all civil proceedings. Admitted facts need no proof. The rule prevents reliance on mere allegations. The party must call witnesses or tender documents. The principle is fundamental.