LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Effect of Failure to Traverse Material Averment
PRINCIPLE STATEMENT
Every allegation of fact, if not denied specifically or by necessary implication shall be taken as established at the hearing.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC Oshodi v. Eyifunmi (2000) NLC-531995(SC) at p. 43; Paras. A–B.
"Every allegation of fact, if not denied specifically or by necessary implication shall be taken as admitted at the hearing."
EXPLANATION / SCOPE
Under the rules of pleadings, material facts alleged by a party must be specifically traversed (denied) by the opposing party. Where no denial is made—either expressly or by necessary implication—such facts are deemed admitted and need no further proof at trial. This rule ensures that parties clearly identify contested issues. Evasive or general denials do not constitute effective traverses. However, this applies only to material averments; conclusions of law or immaterial facts need not be traversed. The rule prevents parties from feigning ignorance of facts clearly pleaded and forces early identification of genuine disputes.