LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Traverse – Requirement for Specific and Non-Evasive Denial in Actions for Debt or Liquidated Demand
PRINCIPLE STATEMENT
In an action for a debt or liquidated demand, a mere denial of the debt is inadmissible. A traverse must not be evasive but must answer the point of substance. If it is alleged that the defendant received a certain sum, it is not sufficient to deny that he received that particular sum; he must deny that he received that sum or any part thereof or else set out how much he received.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Meridien Trade Corp. Ltd. v. Metal Construction (W.A.) Ltd. (1998) NLC-2601993(SC) at pp. 10–14; Paras A–D.
"In action for a debt or liquidated demand in money a mere denial of the debt shall be inadmissible... The basic rule of pleading is that a traverse whether by denial or refusal to admit, must not be evasive but must answer the point of substance... if it be alleged that the defendant received a certain sum of money, it will not be sufficient to deny that he received that particular sum, but he must deny that he received that sum or any part thereof or else set out how much he received."
EXPLANATION / SCOPE
In debt claims, a mere general denial is insufficient. The defendant must specifically traverse the allegation. The traverse must answer the point of substance. The principle applies to actions for liquidated demands. Evasive denials are not allowed. The rule ensures that the plaintiff knows the case to meet. The court will treat evasive denials as admissions. The principle promotes clarity in pleading.