CIVIL PROCEDURE — Pleadings — General Traverse — Effect of General Traverse
Ratio Decidendi
Per Muhammad, JSC, in Arisons Trading & Engineering Company Ltd v. The Military Governor of Ogun State & Ors (2009) NLC-123-209-1999(SC) at pp. 20-24; Paras C–A:
"A 'traverse' simplicita, is a categorical denial in the statement of defence of any fact alleged in the statement of claim. In a traverse, the defendant may deny or refuse to admit the allegation. It is also a general rule, conversely, that a fact not denied is taken to be admitted. Of course, a pleader may by inadvertence fail or omit to deny a fact thereby admit what he should not have admitted. It is in order to salvage such a situation that almost every statement of defence contains what is known as the 'GENERAL TRAVERSE'. It has for long been the practice that such general traverse in a statement of defence is always given effect along with the whole tenor of the other averments in the other paragraphs of the statement of defence. Thus, it is not the practice to consider each paragraph of the statement of defence in isolation but in conjunction with other paragraphs so that the issues joined in the pleadings can be properly ascertained."
Explanation / Scope
This principle establishes that a general traverse is a categorical denial of facts alleged. Facts not denied are taken as admitted. However, a general traverse in the statement of defence is given effect along with other averments. The court must consider the defence as a whole, not in isolation. The principle applies where pleadings contain a general traverse. It ensures that the court considers the entire defence. The principle reflects the need for holistic interpretation. It prevents technical admissions where a general traverse exists. The court must ascertain the issues joined. The principle provides guidance on interpreting pleadings with general traverses.